컴퓨터등사용사기방조
The prosecutor's appeal is dismissed.
1. On June 2016, the summary of the grounds for appeal (based on factual errors or misapprehension of legal principles) had the record that the Defendant was investigated by an investigative agency for the same type of crime as this case and was subject to a disposition of suspension of indictment. As such, it is reasonable to deem that the Defendant had the intention of aiding and abetting the use of computers, etc., as well as the method of receiving and delivering cash in this case is considerably exceptional.
Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged in this case on different premise is erroneous by misapprehending the legal principles as to the principal offender and aiding and abetting, which affected the conclusion of the judgment.
2. In light of the above legal principles and circumstances as stated in the judgment, the court below found the defendant not guilty of the facts charged in this case on the grounds that the evidence alone, which was presented by the prosecutor, is insufficient to acknowledge that the defendant had a principal offender's intention to do so, and that there is no other evidence. The court below's decision is just and acceptable, and there is no error of misunderstanding of facts or misunderstanding of legal principles as alleged by the prosecutor, in comparison with the above judgment of the court below, including the circumstances pointed out in the grounds for appeal.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.