(영문) 수원지방법원 2020.12.11 2020노2945



The prosecutor's appeal is dismissed.


1. In full view of the financial situation of the defendant, such as failure to pay retirement wages to the employees of the summary of the grounds for appeal, or the process of construction and financing of loans built by the defendant, and the sale situation, it is difficult to deem that the defendant had the ability and intent to pay the construction cost, etc. to the victims, and the judgment of the court below which acquitted the defendant of mistake of facts, even if the defendant had the intention to acquire the horses

2. The lower court acquitted the Defendant under the latter part of Article 325 of the Criminal Procedure Act, on the grounds as alleged by the prosecutor, on the grounds that it is difficult to recognize that the Defendant had no intent and ability to pay the construction price, etc., by explaining detailed reasons in the “judgment” column

A thorough review of the relevant legal principles and records, and the defendant seems to have been in arrears with wages, but he/she has the ability to pay wages with workers, which occurred at the construction site of 2015 "I have the ability to pay. I have the ability to pay. I have the ability to pay." It is the case that was brought against the Ministry of Labor and is ultimately irrelevant to the site of the party.

In light of the Defendant’s statement (2019 type 4492 investigation records, 572 pages 572, 653) to the effect that “the above judgment of the court below is just and there is no error of misconception of facts as alleged by the prosecutor.”

The prosecutor's assertion of mistake is without merit.

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