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The prosecutor's appeal is dismissed.
Reasons
1. According to the summary of the grounds for appeal (the factual error and the misapprehension of the legal principle) and the evidence submitted by the prosecutor, it can be sufficiently recognized that the Defendant committed the instant crime with the intention to facilitate the commission of the instant crime with the knowledge that the Defendant was guilty of committing the phishing fraud.
Nevertheless, the judgment of the court below which acquitted the charged facts of this case is erroneous in misconception of facts and misapprehension of legal principles.
2. In light of the circumstances indicated in its reasoning, the lower court acquitted the Defendant of the instant facts charged on the ground that the evidence submitted by the prosecutor alone was insufficient to acknowledge that the Defendant had an intentional act of aiding and abetting the fraud, and that there was no other evidence to acknowledge this differently.
Examining the above judgment of the court below in comparison with the records, the judgment of the court below is justified. Contrary to the prosecutor's assertion, there is no error of law by misunderstanding facts or by misunderstanding the legal principles, which affected the conclusion
Therefore, prosecutor's assertion is without merit.
3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.