beta
Text
The prosecutor's appeal is dismissed.
Reasons
1. According to the evidence submitted by the prosecutor's summary of the grounds for appeal, the victim entered into a contract with the defendant to supply the specified electrical bicycle products, the defendant's intention to supply the specified electrical bicycle products at once without any capacity or ability to supply them to the victim, and the fact that the defendant received KRW 100 million under the name of advance payment, and the defendant consumeds the advance payment, etc. In light of all the above circumstances, even though the defendant's fraud is clearly recognized, the court below erred by selecting only the evidence corresponding to the defendant's side page and determining the facts that there is no criminal intent to commit deception and fraud. Thus, the court below erred by misapprehending the facts that affected the judgment by misapprehending the facts against the rules of evidence, which affected the conclusion of the judgment.
2. Determination
A. On October 23, 2009, the Defendant made a false statement in the facts charged that “The Defendant would deliver the said victim with a little amount of KRW 100 million to the said victim at the E bicycle agency operated by the victim D.”
However, in fact, at the time of the contract, the Defendant Company F (hereinafter “F”) was liable for the amount of KRW 100 million, as well as the inventory of the electrical bicycle, which was supplied to the victims to the company warehouse, was almost rare, and it was impossible to issue a new order for the electrical bicycle because there was a situation in which the Defendant’s obligation to pay the unpaid goods amounting to KRW 192,00,000,000 in Chinese factory could not be imported. Therefore, even if the Defendant received KRW 100,000 from the victim, there was no intention
The Defendant received from the victim the amount of KRW 81,50,000,000 as the price for electrical bicycles, and the amount of KRW 14,00,000 on October 27, 200 from the victim to the bank account in the name of F.
In this respect, the defendant deceivings the victim to take property.