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The prosecutor's appeal is dismissed.
Reasons
1. Comprehensively taking account of the evidence submitted by the prosecutor with the summary of the grounds for appeal, it is sufficiently recognized that the Defendant, even though he did not work in collusion with the name-free winners B, forged the “written confirmation of payment of health long-term medical care insurance premiums” and submitted it to that effect and acquired money by receiving money from the Korea Sldrid Savings Bank as a loan.
Even so, the lower court erred by misapprehending the fact that the lower court acquitted each of the facts charged, thereby adversely affecting the conclusion of the judgment.
2. Determination
A. The lower court determined that the Defendant was not guilty of the facts charged in this case on the grounds that there is no evidence to acknowledge that the Defendant forged the “certificate of payment of health and long-term medical care insurance premiums” and the “certificate of acquisition and loss of health insurance eligibility” and applied for Internet loans using it, or there is no evidence to acknowledge that the Defendant conspireds with the names of the winners. The Defendant’s act of delivering part of the loans deposited with the head of the Tong or the resident registration card is insufficient to recognize that there was functional control over each of the crimes in this part.
B. In addition to the above judgment of the court below, the prosecutor submitted the voice file CD in which the contents of the call between the person in charge of the loan applicant and the applicant for the loan have been recorded as evidence at the time of the loan application at the court below, and the voice of the applicant for the loan who recorded the voice is not the defendant's voice, as alleged by the defendant, and otherwise, considering the fact that the voice of the applicant for the loan and the voice of the defendant have not been submitted objective evidence to support the same person, it is proper that the court below acquitted the defendant of each charge of this part of the charges, and there is no error of misapprehending the facts as alleged in the grounds of appeal,
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