사기
All appeals filed by the prosecutor against the Defendants are dismissed.
1. The summary of the grounds for appeal is as follows: (a) the Defendants agreed to provide the victim with 5 tons of Aluminum powder powder powder each month from November 1, 2016 according to the sales contract for Aluminum chips; (b) around September 2016, the Defendants concluded a contract for the supply of Aluminum powder powder with G Co., Ltd. and did not notify the victim of the circumstances that the contract was requested by the said company for the termination of the contract because the powder does not exceed 1 to 2 tons; and (c) the Defendants’ company refused additional loans from the Busan Bank, the principal bank, around June 2016, before entering into the said contract with the victim, and had been in excess of obligations, such as failure to pay employees’ benefits, etc. on September 2016, the Defendants acquired the security money by intentionally deceiving the victim as stated in the facts charged in the instant case.
Although it can be seen, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous in the misapprehension of facts and legal principles.
2. Summary of the facts charged in this case and the judgment of the court below
A. The summary of the facts charged is that Defendant A is the representative director of the Building Co., Ltd., and Defendant B is the former director of the said company.
Defendant
B In accordance with Defendant A’s instructions, around October 4, 2016, to the victim F, engaged in water business in the above company Ulsan-gun E at a restaurant in Ulsan-gun, Ulsan-gun, Seoul-si, “at least five tons of a machine processing motor vehicle parts has been enlarged, and the deposit amount of KRW 100 million has been increased. At that time, the powder will be supplied in exclusive terms.
“.....”
However, in fact, the G-A-B-B-B-B-B-A-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-