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(영문) 서울서부지방법원 2020.09.17 2020노690
사기방조
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The Defendant purchased cultural products tickets and sent photographs, etc., which are difficult to see as the loan process.

The Defendant was aware that he was involved in the singing crime, but he had dolusent awareness of his involvement in the singing crime, and was able to facilitate the singing crime of a person without his name, without the expectation of the loan.

The defendant had the intention to commit fraud.

The judgment of the court below which acquitted the defendant.

Judgment

The lower court found the Defendant not guilty of the facts charged of the instant case, considering detailed reasoning for its determination.

Examining the judgment of the court below closely after comparison with the records, the judgment of the court below which acquitted the defendant on the ground that it is difficult to view that the evidence submitted by the prosecutor alone alone that the defendant had the intention to commit the principal offense or to assist the principal offender at the time of the instant case was proven beyond a reasonable doubt is just

There is no illegality in the judgment of the court below regarding mistake of facts alleged by the prosecutor.

The prosecutor's assertion is without merit.

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 by the prosecutor is without merit.

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