beta
Text
The prosecutor's appeal is dismissed.
Reasons
1. On October 17, 2012, the Defendant asserted that the Defendant sold KRW 22 (hereinafter “instant pine trees”) to the victim KRW 51 million in the purchase price for pine trees at KRW 51 million to the Changwon District Court Chang-gu Seoul Special Metropolitan City, Changwon-gun, Seoul Special Metropolitan City for KRW 31,51,000,000.
However, the Defendant did not sell the instant pine trees to the victim, and the price of the said pine trees kept in custody by the victim was 3.25 million won.
Therefore, although the defendant attempted to defraud the above court by deceiving the victim, he did not achieve the intention and attempted to do so with the wind that the judgment of losing the victim's active response by deceiving the above court.
2. The gist of the grounds for appeal argues that the victim consistently purchased the instant pine trees from the Defendant, not from the Defendant, but from the Defendant to divide profits from selling pine trees by establishing a partnership relationship with the Defendant. In light of the various circumstances indicated in the record, such as that M/I’s respective statements are consistent with the victim’s assertion, the victim’s statement that the Defendant was subject to litigation fraud is credibility.
Nevertheless, the court below rejected the credibility of the victim's statement and found the defendant not guilty, which affected the conclusion of the judgment.
3. Determination
A. The lower court found the Defendant not guilty on the ground that it is insufficient to recognize that the evidence presented by the prosecutor alone was insufficient to recognize that the Defendant had known the existence of a claim for the purchase price against the victim while he/she was well aware of the existence of a claim for the purchase price of goods at the time of filing a lawsuit.
B. The 1-related legal doctrine fraud in the party’s judgment is the other party’s property or property interest by obtaining a favorable judgment from the court by deceiving the court.