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The prosecutor's appeal is dismissed.
Reasons
1. Comprehensively taking account of the evidence submitted by the prosecutor to the gist of the grounds for appeal, it can be sufficiently recognized that the Defendant had doluences as to the instant crime, and that the Defendant’s act of providing personal seal certificates, etc. constitutes functional control.
Nevertheless, the court below erred by misapprehending the legal principles or by misapprehending the legal principles, which affected the conclusion of the judgment.
2. Determination
A. The lower court determined that: (a) the cause of the Defendant’s filing of a lawsuit of demurrer to distribution against the Defendant was the distribution of dividends as if the Defendant were fully repaid KRW 100 million from H and the completion of the lawsuit remains remaining (the same purport is also the same as the victim’s criminal complaint); (b) the Defendant merely provided his/her seal imprint certificate and seal imprint at the request of B at the time of the demand for distribution of the instant real estate, and did not know the specific amount of the application for distribution, etc.; (c) thus, the circumstance was revealed that the Defendant demanded the distribution of the part against which the Defendant raised an objection (the part
In light of the fact that it is difficult to see otherwise, there is no other evidence to acknowledge it, and ② the prosecutor indicted the Defendant as a joint principal offender for the crime of the crime of the crime of the B, and the Defendant merely respondeded to the request of the B after receiving full repayment of the amount of his credit. As such, considering that the Defendant’s act of providing the principal’s certificate and the certificate of his seal impression necessary for participating in the auction to B is difficult to evaluate it as a functional control over the crime of the attempted crime of the crime of the fraud, the sole evidence of each evidence submitted by the prosecutor was obtained by the Defendant or shared the commission of the attempted crime of the
It is difficult to see it, and there is no other evidence to acknowledge it, and the defendant was acquitted.
B. We examine, the court below's decision.