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(영문) 부산지방법원 2017.10.20 2017노1611
사기방조
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: (a) the Defendant, with dolusent recognition of the fact that his act would facilitate the fraud of the persons without a name, provided his bank account to the persons without a name, and withdrawn the money deposited into the account and could sufficiently be recognized, but the lower court acquitted the Defendant of the facts charged in this case; (b) the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of

2. In light of the records, we examine the evidence of this case in detail and consider the following circumstances acknowledged by the records, namely, ① the defendant was involved in the same kind of crime or has no record of punishment for the same crime, ② the possibility that the defendant could not be ruled out that he/she would believe and act as he/she was in reliance on the statement of his/her name because he/she was urgently required to lend funds, and ② the evidence submitted by the prosecutor on the grounds stated in its holding that the court below is insufficient to recognize that the defendant was proved or predicted to have been proven to the extent that he/she was "feasiblely aware that he/she was "fasible to commit any unlawful act or crime," beyond the awareness or prediction that the defendant was "fasible to commit any one's act," or that he/she was "fas

In light of the facts charged of this case, it is just and acceptable to have judged the defendant not guilty, and there is no error of misconception of facts as alleged by the prosecutor.

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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