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The judgment of the court below is reversed.
The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. Summary of grounds for appeal;
A. 1) On October 31, 2014, the Defendant did not answer to the effect that (a) the director of H Co., Ltd. (hereinafter “H”) would have high profitability; and (b) did not confirm that the payment was normally remitted.
Nevertheless, the court below found the defendant guilty as to this part of the facts charged, and there is an error of law by mistake.
2) On January 21, 2015, the Defendant, who committed fraud, sent to I a text message stating that he/she will release the printer from around January 29, 2015 and February 9, 2015.
However, I divide the profits to I.
There is no fact that proposal or inventory status was confirmed, and the price was paid normally.
There is no fact that there is no reason to say.
Nevertheless, the court below found the defendant guilty as to this part of the facts charged, and there is an error of law by mistake.
B. Legal principles are inconsistent with the Defendant’s receipt of the E’s request and sending the message from the I, but it was entirely unaware of the fact that E commits fraud against H.
Therefore, although the defendant did not have the intention of joint processing to establish a principal offender, the court below held that the defendant conspiredd with E, etc. to commit each of the crimes of this case. The court below erred by misapprehending the legal principles.
2. Determination
A. Around October 2014, the summary of the facts charged is that there is a company code capable of purchasing the HP computer peripheral devices of “F”, a company handling the HP computer peripheral devices of the HP computer, which is a company managing the HP computer peripheral devices of the HP computer. On the other hand, the H (a director of the H), a company managing the HP computer’s computer and peripheral devices operated by G, with intent to obtain money by fraud, as if he/she purchases the HP computer peripheral devices from the J Co., Ltd. (hereinafter “J”).
E is so doing to H the above transactions.