logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2019.03.14 2018노2650
사기방조
Text

The prosecutor's appeal is dismissed.

Reasons

1. The use of bank accounts and withdrawal books in the name of a third party as a means of acquiring money in the summary of the grounds for appeal is a typical method for the crime of Bosing. Such a method is widely known to the general public in society, and the defendant is deemed to have been aware of this fact, and the fact that the defendant can obtain a high credit loan only through telephone conversations is not formally obtainable, and the defendant withdraws cash to a place where he is strings only with C’s instructions and delivers it to the person who was only at a street and received the payment in the process. In full view of the fact that the defendant was aware of the fact that the defendant was able to facilitate the crime of Bosing, but the judgment of the court below which acquitted the defendant of the facts charged of this case, is erroneous in the misapprehension of legal principles and misapprehension of legal principles.

2. The lower court, based on its stated reasoning, determined that the evidence presented by the prosecutor alone was insufficient to recognize that the Defendant had been aware that the Defendant committed a telecommunications-based financial fraud at the time of the instant case and that his act was easy to commit a telecommunications-based financial fraud, and that there was no other evidence to prove otherwise.

Examining the reasoning of the lower judgment in comparison with the evidence duly admitted and examined by the lower court, it is difficult to view that the evidence alone submitted by the prosecutor alone was proven to the extent that there is no reasonable doubt as to the instant facts charged, and thus, there is no error of misunderstanding of facts or misunderstanding of legal principles as alleged by the prosecutor in the lower judgment

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

arrow