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The prosecutor's appeal is dismissed.
Reasons
1. Comprehensively taking account of the evidence submitted by the prosecutor to the gist of the grounds for appeal, the Defendant has been fully aware of aiding and abetting the instant crime of fraud. Therefore, the lower court acquitted the Defendant of the instant facts charged, and erred by misapprehending the legal doctrine.
2. Judgment on the grounds for appeal
A. The summary of the facts charged is a person who operates a d'D' mobile phone sales store located in Ulsan-gu Seoul.
On March 2016, the Defendant was aware that E, which became aware of through the purchase of a mobile phone around March 2016, opened three Handphones in the victim F’s name, had no intention or ability to change the name of the said E in the future against two of them, and, immediately, was aware that he/she had an intention to “on-line tin for carrying” in the name of he/she sold in a medium and magnetic phone.
Accordingly, on May 16, 2016, at the same time with the above E, the defendant met the victim in the US coffee shop near the scientific university located in Busan High-dong, Busan High-gu, Busan High-gu. On May 16, 2016, the defendant made three copies of a new contract for a mobile phone immediately after the victim believed that "If the victim opens three mobile phones in the four names, he would immediately change the name of the mobile phone and cause damage to the rate system and machine value by making the two of them immediately inside, and the victim believed to have prepared three copies of a new contract for a mobile phone at the above "D" mobile phone sales store and received two of them from the victim.
On May 16, 2016, the Defendant: (a) provided the victim with a new contract form for the mobile phone in the coffee shop on May 17, 2016 to assist the victim in committing the crime of the above E by deceiving the victim by deceiving him/her; (b) providing the victim with a new contract form for the three mobile phone units in the victim’s name; and (c) delivering the two mobile phone units that are opened to the victim’s name to E.
B. 1) The lower court and the first instance court are legitimate.