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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is as follows: (a) the Defendant’s act before and after the instant crime was committed by transferring the passbook and the physical card, etc., which had been investigated several times; and (b) the Defendant’s defense is not reliable; and (c) the Defendant’s intentional act in aiding and abetting is sufficient to doluence or prediction.
The judgment of the court below which acquitted the Defendant of the facts charged in this case is erroneous.
2. The lower court determined that the Defendant was aware of the phishing of the amount obtained by deception from the Defendant’s account by the sole evidence submitted by the prosecutor at the time of deposit of the money.
The charges of this case were acquitted on the ground that there is insufficient evidence to acknowledge it and there is no other evidence to acknowledge it.
In full view of the circumstances in the reasoning of the court below acknowledged by the evidence duly adopted and examined by the court below, the above judgment of the court below is just and acceptable, and there is a violation of law by mistake as alleged by the prosecutor.
subsection (b) of this section.
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.