사기방조
The prosecutor's appeal is dismissed.
1. Comprehensively taking account of the evidence adopted by the court below in the summary of the grounds for appeal, the defendant was found not guilty on the ground that the defendant cannot be recognized as having committed an intentional act or aiding and abetting the principal offender, although he could at least have been aware that his act was easy to commit a singing.
The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.
2. The summary of the facts charged in the instant case refers to a false statement that “In order to obtain a loan at low interest rate by telephone from the victim B at a place no later than the end of November 2018, the victim was paid KRW 14 million from the victim’s account in the name of the Defendant (D) around December 12:18, 2018.”
The Defendant, while recognizing that he was aware of the fact that he committed the crime of fraud as above, withdrawn the above amount of KRW 14 million deposited in the above account at the Mapo-gu Seoul Mapo-gu Seoul Association at around December 11, 2018, and around that time, delivered the above cash to the unspecified women designated by the deceased in front of the pharmacy near the above C Association’s wife.
Accordingly, the defendant, by facilitating the fraud of a person who has not received a name, assisted it.
3. The lower court rendered a not-guilty verdict on the instant facts charged while sufficiently explaining the grounds for its determination.
In full view of the evidence duly adopted and examined by the court below and the defendant's statement in the court room, the evidence alone presented by the prosecutor cannot be deemed as proved beyond reasonable doubt.
The judgment of the court below which acquitted the Defendant of the facts charged of this case shall not be erroneous as alleged by the public prosecutor.
The prosecutor's assertion of mistake is without merit.
4. The appeal by the Prosecutor of the Conclusion.