The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

In order to obtain a loan from a person in poor name, the defendant asserts that he/she has to repeatedly deposited money in his/her name and has withdrawn money and cash from his/her E account. However, since transaction performance can be accumulated through Internet banking, etc., the defendant's act of changing the bank in order to secure transaction performance, and the defendant's act of withdrawing money and cash can have been sufficiently known that his/her act was abnormal, and the defendant's act was deposited in his/her personal account under the name of the defendant, and the money was deposited in the defendant's personal account. The defendant did not confirm whether his/her name was a L association employee at the time of giving money to a person in poor name, and the defendant did not receive money through a regular loan procedure, and the defendant has a experience in receiving money after withdrawing KRW 45 million, and the defendant expressed his/her intention that "in this case," to a person in poor name was the intention of the principal offender at the time of committing the crime in this case, it can be found guilty of the facts charged in this case.

Nevertheless, the court below acquitted the charged facts of this case on different premise, and the judgment of the court below erred by mistake of facts.

Judgment

The lower court, under the title of “2. Determination,” stated in detail the basis of the judgment of the lower court, and argued that the Defendant had been aware from the investigative agency to the court of the lower court that he would have been given a loan from a person who was a “L association G representative” through a simple legal method that repeatedly accumulated the transaction performance from the Defendant’s account in the name of the Defendant, and that he would have complied with his direction. In fact, the lower court sent a photograph of personal information, such as the Defendant’s resident registration number, loan details, etc., the head of Tong’s photograph, and the resident registration certificate, and