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(영문) 서울북부지방법원 2016.09.09 2015노2311
사기방조
Text

The prosecutor's appeal is dismissed.

Reasons

1. In relation to a crime of aiding and abetting the appeal, the intention of the principal offender is not required to be aware of the detailed contents of the crime realized by the principal offender, but it is sufficient to dolusence or prediction.

According to the evidence submitted by the prosecutor, the defendant's crime of aiding and abetting fraud can be fully recognized.

Nevertheless, the lower court acquitted the Defendant of the facts charged.

2. Comprehensively taking account of all the evidence submitted by the judgment prosecutor, the defendant was aware of or predicted to commit the fraud of a person who may know his/her name and lent his/her account to the defendant;

It is difficult to recognize it.

The court below is just in holding the defendant not guilty of the facts charged on its grounds as stated in its holding, and there is no error by mistake in the facts alleged in the grounds of appeal.

3. We cannot accept the appeal by the prosecutor of conclusion.

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