전자금융거래법위반등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal - misunderstanding of facts and misapprehension of legal principles are able to withdraw money which the Defendant entered his account at any time. As such, the status of the custodian is recognized, and even if the act of a person in whose name the act of taking another’s money through Bosing is illegal, it is a matter between the victim of Bosing and Bosing, which is a matter between the defendant and the victim of Bosing, and thus, there is an unlawful relationship
Even if it is difficult to see that the defendant voluntarily withdraws the money that he had taken out through Bosing, due to the de facto fiduciary relationship between the defendant and the person without a name, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.
2. Reviewing the records of this case, the court below's finding the Defendant not guilty of the facts charged of this case on the ground that the fiduciary relationship between the Defendant and the victim's name was not recognized, is just, and there is no error of misunderstanding of facts or of misunderstanding of legal principles as pointed out by the prosecutor
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.