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The judgment of the first instance shall be reversed.
The defendant shall be innocent.
Reasons
1. misunderstanding of the gist of the grounds for appeal (the Defendant did not make a false statement to the victim as stated in the facts charged, and did not actually receive KRW 50 million from the victim as stated in paragraph (4) of the facts charged). 2. The summary of the facts charged in the instant case was in operation of C Co., Ltd. (hereinafter “C”) and supplied C fertilizer produced by D to its branch offices, etc. across the country.
A. The Defendant, on August 20, 2008, received KRW 20 million from the victim F as a loan, on August 20, 2008, on the following grounds: “A person in charge of the administrative agency supplied fertilizers to the administrative agency during overseas business trip and gave money to the victim F. It is false to the effect that “A person in charge of the administrative agency has made a business trip during the business trip. A person who borrowed money from the administrative agency only one month in which he/she has received the payment.” The Defendant received KRW 20 million from the victim on August 20, 2008.
B. On September 25, 2008, the Defendant, while having no intent and ability to repay, concluded that “Around September 25, 2008, the Defendant borrowed KRW 10 million from the victim to pay the money to the victim. The Defendant, at the south branch of the Navy, said that “The amount immediately exceeds KRW 40 million to KRW 50,000,000,000,000,000 shall be paid preferentially to the victim.” The Defendant received additional payment from the victim on September 25, 2008 as the borrowed money.
C. In fact, C fertilizer is a chemical fertilizer and can not be registered in the list of eco-friendly organic farming materials of the Korea Agriculture Promotion Agency. The sales of the office in Antarctica is merely about KRW 30 million and the sales of the other branches are not good, making it difficult to enjoy profits even if it is operated by the operation of the office in South Korea. However, the Defendant is likely to have an eco-friendly fertilizer, which is naturally extracted by C fertilizer from September 2008.
It is the way to see the Republic of Korea, together with E. The sales are KRW 500,00,000,000, and the estimated annual sales targets are KRW 1,00,000.