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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Prosecutor 1) The Defendant, who is erroneous in the fact, was unable to pay the price for supply to H with respect to the spring clothes in 2013, to a major customer, was no longer willing and ability to pay the price for supply any longer after July 10, 2013, when the account in the name of G Co., Ltd. (hereinafter “G”) was provisionally seized by a patrolman or agency in May 2013.
must be viewed.
Nevertheless, the judgment of the court below that found the defendant not guilty of the facts charged that the defendant acquired a child uniform from the victim AS, AT, or D after it is unfair.
2) The punishment sentenced by the lower court (three years of imprisonment) is too uneased and unfair.
B. Defendant 1) In fact, the Defendant: (a) concluded a contract to receive a child uniform from the victim corporation, WY, AA, AE, AE, and AB after January 2014; and (b) accordingly, at the time of receiving the child uniform delivery, the Defendant would have been able to pay the price for the supply of the goods after receiving the clothes sales from the agency; (b) the Defendant, upon receiving the clothes payment from the victim corporation Q, can receive the clothes from the agency, etc. even at the time of receiving the clothes payment in advance from the victim corporation, Q, etc., in April 2014,
The decision was determined.
However, after that, the defendant was operated by him.
G Noting to unlawfully accept G
If the AL does not immediately pay G to the agencies, it was impossible for the agencies to pay B the money for the sales of the clothes to the effect that G would not be paid to G and would not be deducted from the security deposit, and it was not paid the money for the sales of the clothes by the agencies.
Therefore, the judgment of the court below that found the defendant guilty of this part of the facts charged is improper even though the defendant did not have intention to commit fraud.
2) The sentence sentenced by the lower court is too unreasonable.
2. Determination
(a)a prosecutor;