무고등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (defluence of facts or misapprehension of legal principles) is whether or not the Defendant prepared a receipt of this case, which was made on March 30, 2007, or L is prepared. However, although L’s statements consistent with the facts charged in the instant case are somewhat not consistent in incidental parts, such as the place or method of the payment of balance, it is somewhat not consistent. While the Defendant’s statements are highly reliable in a specific and consistent part constituting the facts charged, it is difficult to believe that they are not consistent since the first bankruptcy claim investigation and the judgment of the court below became final and conclusive on March 3, 2010.
Nevertheless, the court below rejected L’s statements without reasonable grounds, thereby misunderstanding facts or misunderstanding legal principles, thereby acquitted the Defendant.
2. Determination
A. The summary of the facts charged in the instant case is the person who was the director in F Co., Ltd. (hereinafter “F”) from February 2, 2005 to around September 2005, and from around September 2005 to May 2006, the Defendant was the head in F, a subsidiary company (hereinafter “F”).
Around March 29, 2005, the Defendant: (a) transferred 15 billion won of the bankruptcy claim owned by F (the representative director H) from F (the Plaintiff acquired 15 billion won of the bankruptcy claim owned by F (the transfer of the claim by F) to E; (b) on March 29, 2007, the Defendant received KRW 500 million of the acquired claim; and (c) on March 23, 2007, the Defendant returned to J (the representative director of F changed the name of F to I, March 24, 2006) the subsidiaries of J (the instant contract for the purchase of the claim by F, a contractual employee at the time of acquisition of the claim; and (d) on March 29, 2005, the Defendant settled the agreement related to the above claim that was acquired by F, a sales contract of this case at the time of acquisition of the claim at the time of the above contract at KRW 100,000 of the sales contract of this case at around 207.