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(영문) 서울동부지방법원 2018.02.21 2017노1363

사기방조

Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the evidence of this case’s grounds for appeal (misunderstanding of facts and misapprehension of legal principles), the court below erred by misapprehending the facts or by misapprehending the legal principles, which found the Defendant not guilty, although it could sufficiently be recognized that the Defendant was aware that he would assist the criminal defendant to commit the phishing.

2. In light of the records, a thorough examination of the evidence duly adopted and examined by the court below and the defendant's statement in the court of the first instance in light of the records, the court below's decision that found the defendant not guilty of the facts charged of this case on the ground that "it is difficult to recognize the defendant's intentional act of aiding and abetting fraud only with the evidence of this case" based on the judgment of the court below is just and correct. Thus, as pointed out by the prosecutor of the court below, there is an error of law by misunderstanding

It does not seem that it does not appear.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that it is without merit. It is so decided as per Disposition.