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(영문) 수원지방법원 2017.08.09 2017노724
사기방조
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal reveals that the Defendant had experience in obtaining loans several times prior to the instant case, and thus, could be suspected of raising the lending limit by repeatedly accumulating the transaction performance; the money transferred to the Defendant’s account was deposited from the victim’s personal account rather than F; the Defendant made a false statement that the bank employee at the time of withdrawing the money deposited into his account was “personal expenses” in the name of the withdrawal; and the Defendant released money by visiting other financial institutions at the time of withdrawing the money three times; in light of the following: (a) the Defendant did not have been aware that the Defendant’s act of the Defendant aiding and abetting the so-called “Sishing” crime.

I seem to appear.

Nevertheless, the judgment of the court below which acquitted the defendant.

2. In full view of the circumstances stated in its reasoning, the lower court determined that the Defendant committed an act of entering in the facts charged with the intentional intent to facilitate the commission of the act, knowing that the Defendant committed an act of fraud, i.e., “singing” in the name of the horses, without any reasonable doubt.

On the ground that it is difficult to view the instant facts charged, the lower court acquitted the Defendant.

Examining the above judgment of the court below closely in accordance with the records and legal principles, the judgment of the court below is just and acceptable, and there is an error of law by misconception of facts as alleged by the prosecutor.

subsection (b) of this section.

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 grounds that the appeal is without merit. It is so decided as per Disposition.

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