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(영문) 서울북부지방법원 2016.11.21 2016노391
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal reveals that the defendant, in full view of the following facts: (a) he stated that the borrower, “if it is difficult to find a bank employee, he alone; (b) the defendant, who received money from H and received 1.50,000 won per day from H to the team leader who was in a place less than 200 meters away; and (c) it is highly probable that the defendant would have been aware that he was involved in more illegal days than the lending company, unlike ordinary contract forms; and (d) the defendant was aware that he was involved in the so-called “Singing” fraud, the court below acquitted the defendant of the facts charged in this case, notwithstanding the fact that the defendant was aware that he was involved in the so-called “Sing” fraud, and thereby, found the defendant guilty of the facts charged in this case

2. Determination

A. The court below's decision of the court below as to whether the defendant was aware that he was involved in the phishing fraud crime is different from the judgment of the court below.

The judgment of the court below on the charge is written in detail, and the evidence submitted by the prosecutor alone is insufficient to recognize that the defendant was involved in the crime of Bosing fraud at the time of receiving money from H and delivering money to another person. Thus, the court below acquitted the defendant on the charge, on the ground that it is insufficient to recognize that the defendant was aware that he was involved in the crime of buying money from H.

B. Examining the above judgment of the court below after comparing it with the records, the above judgment of the court below is just and acceptable, and there is no error of law of misunderstanding of facts as alleged by the prosecutor.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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