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The prosecutor's appeal is dismissed.
Reasons
1. In light of the following: (a) the Defendant did not verify whether the D Bank employee was actually working or not to obtain the loan; (b) did not confirm who received the loan from the ordinary financial institutions at the time due to existing debts, etc.; (c) did not confirm who received the money deposited in the account; and (d) the method of notifying the loan consultant is not a general loan method, but the Defendant was well aware of such circumstances; and (c) the Defendant could be sufficiently aware of the fact that the money deposited in the account was illegal or abnormal; and (d) the Defendant sent money deposited in the account to another person designated by the remitter, not re-transfer the money to the remitter; and (e) in light of the fact that the Defendant was aware of the fact that he did not have been aware of the fact that he was actually working at the time, or was able to have sufficiently predicted such fact.
Nevertheless, the court below rendered a not-guilty verdict on the facts charged. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.
2. Determination
A. The summary of the facts charged (one-time BB bank C) is an employee of the “scaming” referring to the fraud of money by deceiving victims through false representation with financial institutions, investigative agencies, etc. by posting a telephone to many and unspecified persons.
On April 25, 2018, the Defendant proposed that “AD Bank Loan Counseling Company,” if you purchase and send Bitcoins with money transferred to the account, the Defendant borrowed KRW 20 million at an annual interest rate of KRW 8-9%, and the Defendant accepted the Defendant’s proposal to facilitate the scaming crime even though he was aware that the Defendant was the role of “scaming” for the crime of Boscaming, even though he was aware of the role of “scaming”.
On April 25, 2018, the personnel in charge of scaming in name are transferred by means of telephone to victims E from April 25, 2018.