사기
All of the appeals by prosecutors are dismissed.
1. The summary of the grounds for appeal that the Defendant had been operating (hereinafter “F”) had already been in a higher state than capital in around 2011, and the Defendant extended its business by building a factory in Indonesia at the end of 2011, and the Defendant was not well operating the business, and the financial resources of F, such as the increase of the financial right debt to KRW 2.3 billion around July to August, 2012, was very weak.
In full view of all the objective circumstances at the time of each of the instant transactions, including this, the lower court erred by misapprehending the facts and acquitted the victims of each of the instant charges, even though the Defendant did not have any intent or ability to pay the price for the goods at the time of each of the instant transactions.
2. The lower court found the Defendant not guilty of each of the instant charges on the grounds indicated in its reasoning based on the evidence duly admitted and examined.
Each court below's decision is just and acceptable, and there is no error of law by misunderstanding the facts as alleged by the prosecutor, in light of the following circumstances acknowledged by the above evidence.
① Each of the instant transactions was conducted by the FF employees in a manner that: (a) visit a store operated by the victims with a foreign buyer and the victims enter into a contract for goods supply by determining the terms and conditions of the transaction; (b) the Defendant received goods from the victims and sent them to an overseas buyer; and (c) receive the goods from the overseas buyer and then receive the goods
Therefore, the victims supplied the goods to F.
During the period from July 16, 2012 to August 27, 2012, the date stated as the date of crime in the List of Crimes No. 1 in annexed hereto is the date the victims supplied the goods to F, and the date the victim of the Judgment No. 2 delivered the goods to F is August 14, 2012.