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(영문) 서울중앙지방법원 2020.12.04 2020노1571
사기방조
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal (the factual error) and the fact that the defendant had been aware of the fact that the Kakakakao Stockholm conversation between the person who was not aware of the fact that he had committed the crime of Bosphishing, or that the words of the person who was not aware of the fact that he had been aware of the fact that he had been aware of the fact that he had committed the crime of Bosphishing, or that the words of the person who was unable to receive the statement have changed and the amount to be deposited varies several times, and that the defendant remitted 6 million won out of 8.5 million won deposited in his account to the designated account by the person who was unable to receive the statement, and the remaining money was used by the person who was aware that he was making the withdrawal of the money, it is an act that could not be said that the defendant was aware of the fact that

2. The key issue of the instant case is whether the Defendant, even if aware of the Defendant’s scambling fraud of a person who was unable to obtain his name, was aware of it.

The court below found the Defendant not guilty on the ground that the evidence submitted by the prosecutor alone was insufficient to deem that the facts charged of this case was proven beyond a reasonable doubt, in light of the following circumstances: (a) the Defendant, considering the content explained to Kakaok from a person under whose name the Defendant was asked to question, the content of the Defendant’s answer, and the amount remitted according to the direction of the person under no name or to the instructions, etc., the Defendant appears to have been mistaken for the payment of commercial sex acts; and (b) this is consistent with the consistent response from the investigation agency of the Defendant.

In light of the record, a thorough examination of the evidence of this case reveals that the defendant paid money to his name in accordance with the contents of the Kakao Kakao Stockholm conversation with his name in the Defendant, and that he said that he “from 1 to 200,000 to 3.9 million won,” and that he paid money without her her flying, but that amount is KRW 3.9 million and 4.5 million.

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