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(영문) 서울중앙지방법원 2020.01.09 2018노2560
절도
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal in this case is the so-called Bophishing crime, which has the nature of the so-called Bophishing relationship and functional control relationship between the intermediary manager and subordinate staff such as exchange books like the defendant and others.

I would like to say.

According to the evidence submitted by the prosecutor, although it can be sufficiently recognized that the defendant was involved in the crime of this case as a money exchange book, the judgment of the court below which acquitted the defendant.

2. In light of the facts and circumstances acknowledged in its holding, the lower court found the Defendant not guilty on the ground that the evidence presented by the prosecutor alone only acknowledged the fact that the Defendant had the victim exchange the cashier’s checks stolen from the victim at the casino, and that there was no evidence as to the Defendant conspired with the Defendant regarding the commission of theft using the aforementioned method as stated in the facts charged.

Comprehensively taking account of the circumstances found by the evidence duly admitted and examined by the court below, the above judgment of the court below is just and acceptable, and there is no error of mistake of facts as alleged by the prosecutor.

The prosecutor's assertion is without merit.

3. The appeal by the conclusion prosecutor is dismissed.

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