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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is that E Co., Ltd. (hereinafter “E”) operated by the Defendant lacks financial capacity as stated in the facts charged, and in addition, it appears that the Defendant was preparing for rehabilitation proceedings before the application for commencement of rehabilitation proceedings against E on September 5, 2013. While E’s debt amount is equivalent to 3.4 billion won in the application for commencement of rehabilitation proceedings, while E’s debt amount is equal to 2.5 billion won in the actual amount of debt, the actual value of assets is equal to 2.5 billion won in the application for commencement of rehabilitation proceedings, and E’s continuous increase in debt amount from around 2009 is due to business income that the interest on the existing obligation is not appropriated. In light of the above, the judgment of the court below which acquitted the Defendant of the facts charged in this case, which affected the conclusion of the judgment.
2. Determination
A. The summary of the facts charged is the E representative director who produces products such as plastic sewerage pipes in Chungcheongnam-do, Chungcheongnam-do.
The Defendant, in collusion with ASEAN F, a vice head on July 2013, supplied HPE, which is a plastic raw material, to G, who had no transaction for more than one year in collusion with ASEAN, and had no transaction for more than one year, with “(State)” as credit, would be calculated as KRW 1,050 per knife more than the unit price that was traded prior to the towing.
In addition, the above bill must be kept.
8. The phrase “to prevent any damage by settling payments at the horse.”
However, in fact, in order to expand the above E-factory operated by the defendant around April 2010, it was impossible to purchase the land adjacent to the factory and to pay 700 million won for the purchase price. In the Daejeon District Court on April 27, 201, the principal amount of KRW 70 million and interest of KRW 320,000,000.