사기방조
The prosecutor's appeal is dismissed.
1. In full view of the following circumstances: (a) the method of lending proposed by the person who was unaware of the summary of the grounds for appeal was not a normal loan; (b) the Defendant could have easily known that the loan was not a normal loan from another lending company; (c) the Defendant, who received the loan from the other lending company, could have easily known that the loan was not a normal loan; (d) the Defendant withdrawn the money and made a false statement to the banking staff; and and (e) delivered the withdrawn money to the person who was unaware of his name
Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous by misapprehending the legal principles.
2. The additional prosecutor subject to the trial following the amendment of the indictment shall be the primary charge against the defendant, and the name of the crime shall be "helping against the Act on Real Name Financial Transactions and Guarantee of Secrecy", "Articles 6 (1) and 3 (3) of the Act on Real Name Financial Transactions and Guarantee of Secrecy", "Article 32 (1) of the Criminal Act", and "Article 4 of the Act on Real Name Financial Transactions and Guarantee of Secrecy"
In addition to the "preliminary facts charged" stated in the paragraph, the application for amendment to the bill of amendment was filed, and this court permitted this and added the subject of the judgment.
Therefore, the main facts charged and the ancillary facts added in the trial are examined in order.
3. Judgment as to the prosecutor's assertion on the primary facts charged
A. A. Around April 2018, the summary of the facts charged in the instant case received a proposal stating, “Around April 2018, the Defendant, who misrepresented the B Bank staff, shall raise the transaction performance, and if he/she intends to obtain a loan, he/she shall search for the money deposited in his/her own account to repeat the money to increase the transaction performance, and then inform us of the post office account number (C) in the name of the Defendant.”
On April 2, 2018, a staff member in charge of singing under his name.