사기
All appeals filed by the prosecutor against the Defendants are dismissed.
1. The summary of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles) generally falls under a trade condition that is important in the purchase of goods, and thus, the Defendants’ concealment of the origin of the instant official seal form or sales by making the appearance of the goods such as domestic origin constitutes deception.
Since the official seal is recognized as being produced in Korea, it constitutes a crime of fraud for the defendants to sell the official seal to the persons concerned of each Gu as if they were domestically produced.
The court below rendered a not guilty verdict on all the facts charged by the Defendants. The court below erred by misunderstanding facts or by misapprehending legal principles, which affected the conclusion of the judgment.
2. Determination
A. The summary of the facts charged in the instant case (1) from around 2010 to around 2013, Defendant A imported the camping hole from the Chinese factory of the “L” or “M”, which is a delivery company, and performed the work of removing and finishing origin labeling by opening the “MADE INCHA” StINA” Stick on individual packaging sites, and then, as it was produced at the manufacturing plant of H in Korea operated by the Defendant, the said camping hole was designated as the official seal by deceiving a person in charge of the name in the name of the Korea Camp-gu Committee and the Ha-ro and the Ha-ro were printed on the official surface of the Camp-gu Committee and the Ha-gu.
From February 16, 2010 to September 30, 2014, the Defendant: (a) by deceiving the camping hole designated as such, as if he had made a public appearance in Korea; (b) total of KRW 594,780,00 from the Victim’s Camp; (c) total of KRW 219,420,00 from the Victim’s Steering Team; (d) total of KRW 674,130,00 from the Victim’s Camp Team; (e) total of KRW 631,350,00 from the Victim’s Association; and (e) KRW 631,350,00 from the Victim’s Association; and (e) KRW 205,200,00 from the Victim’s Association to the Victim’s Association; and (e) KRW 308,408,300,000 from the Victim’s Association to the Victim’s Association; and (e) the amount of goods supplied from the Victim’s Association to Korea.