The defendant was aware that at the time of withdrawing the money deposited in his own account and delivering it to the person under whose name the money was not paid, the defendant would facilitate the criminal conduct of phishing.

Judgment

For the reasons indicated in its holding, the lower court acquitted the Defendant on the grounds that it cannot be deemed that it was proven beyond reasonable doubt that the Defendant did not have been aware or predicted that it would facilitate the Defendant’s criminal act of Bosing fraud at the time of delivering the money.

According to the records, the above judgment of the court below is just, and there is no error of misconception of facts as argued by the prosecutor.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.