beta
Text
The prosecutor's appeal is dismissed.
Reasons
1. According to the summary of the grounds for appeal (the fact-finding and the misapprehension of the legal principle), the court below found the defendant not guilty of the facts charged, on the ground that there was an incomplete perception that the defendant could easily commit the crime, and there is an error of law by mistake of facts
2. Main and ancillary facts charged;
A. On February 28, 2018, the Defendant, who was acquitted of the lower court, withdrawn KRW 500,000,000,000, from the phone of the telephone financial fraud assistance staff who caused the victim E to lend a low interest rate to the bank account under the name of the Defendant, at the Cbank D branch located in Seo-gu Seoul Metropolitan City, Chungcheongnam-gu, Chungcheongnam-gu, B, and at the phone of the telephone financial fraud assistance staff who caused the victim E to lend to a low
On the 26th day of the same month, the Defendant was able to borrow a loan by means of telephone financial fraud assistance and G dialogue, and there was an account specification. The Defendant was able to withdraw the deposit of the company fund when it was deposited and deliver it to the employee who sent it.
As above, the Defendant: (a) withdrawn KRW 5 million from the amount of damage remitted by the victim E; and (b) assisted the Defendant to commit the crime by delivering the amount of damage to the victims at around 13:50 on the same day from the top of the said C Bank D branch; and (c) aiding and abetting the Defendant to facilitate the fraud.
B. On the other hand, the prosecutor of the ancillary charge added in the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial, the previous charge is the primary charge, and the criminal name of the defendant is "helping against the Act on Real Name Financial Transactions and Guarantee of Secrecy", "Article 6 (1) and Article 3 (3) of the Act on Real Name Financial Transactions and Guarantee of Secrecy", "Article 32 (1) of the Criminal Act", "Article 32 (1) of the Criminal Act", and "
[Preliminary Indictment] No person may engage in financial transactions under the real name of another person for the purpose of evading the law.
The defendant's account on February 28, 2018 is "the name-free person" from the name-free person.