사기
The prosecutor's appeal is dismissed.
1. According to the statement in the summary of the grounds for appeal E and the prosecutor’s statement in the prosecutor’s statement as to E, it can be sufficiently recognized that the defendant received from E on April 13, 2006, KRW 256 million, and KRW 200 million on June 8, 2006, as stated in the facts charged, the defendant received from E on April 13, 2006, KRW 360,000,000 from E, and KRW 96 million on May 26, 2006, respectively, and the prosecution of this case was instituted on June 7, 2013.
For this reason, the judgment of the court below that acquitted the defendant is erroneous in misconception of facts that affected the judgment.
2. The following circumstances acknowledged based on evidence duly adopted and examined by the court below and the court below, i.e., (1) E was granted loans of KRW 260 million from Samsungdong branch of Suhyup Bank on April 13, 2006, and KRW 30 million from Samsung Life Insurance Co., Ltd. on the same day; (3) withdrawal of KRW 60 million from the Nong Bank’s beneficiary certificate account; (16 through 170,000 from the Nong Bank account (public trial record); (2) E was based on financial transaction records stated in the above paragraph (1); (360,000,000 won from the Defendant on April 13, 2006 to KRW 260,000; and (4) 606,000,000 won from the new account of the Defendant on May 26, 2006 to the effect that it was stated to the effect that it was a criminal complaint of KRW 260,506,000.