사기
The prosecutor's appeal is dismissed.
1. In light of the substance of the grounds for appeal in this case’s transaction, details, method of company operation, etc., it is deemed that there was a combination of doctors with regard to the fact that the Defendant and D, E, F, etc. working in J Co. (hereinafter “instant company”) did not make a settlement by implied or implied purchasing of short-term goods even though they are not explicitly stated. Thus, it is sufficiently recognized that the Defendant conspired with other accomplices.
Nevertheless, the lower court found the Defendant not guilty of the facts charged of this case, which erred by misapprehending the legal principles, thereby affecting the conclusion of the judgment.
2. Determination
A. The summary of the facts charged is as follows: (a) the Defendant, along with D, E, F (Ga name G), H (Ga name), and I, established the so-called “J” company under the name of D, and subsequently, (b) sold the pertinent goods at prices lower than their market price, and (c) sold the following goods at prices lower than their market price; (d) E, the Defendant, along with F, H, and I, planned to act as the representative director of the corporation, and the Defendant, together with F, H, and I, to sell goods to suppliers through the Internet, etc.
Around November 17, 2009, the Defendant and D, and D, together with F, H, and I, made a false statement to the effect that the Defendant and D, and D, sent a phone call to the victim L at the “J office located in Hanam-si, Ha, and that “on the delivery of pigs with our company, the payment will be made immediately.”
However, since the Defendant planned to commit fraud from the beginning with accomplices, the Defendant did not have any intent or ability to pay the price of the goods even if the goods are supplied by the victim.
Nevertheless, the Defendant and D and E, as such, are informed of the victim’s deception and are supplied with pigs amounting to KRW 17,321,635 at the market price from the victim to December 12, 2009.