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The prosecutor's appeal is dismissed.
Reasons
1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, the fact that the defendant deceivings the victim as stated in the facts charged, thereby deceiving the vehicle price and pecuniary gains equivalent to the transfer cost.
2. Determination
A. The lower court, on the grounds indicated in its reasoning, rendered that the evidence alone submitted by the prosecutor cannot be deemed to have been proven beyond a reasonable doubt that the Defendant acquired pecuniary benefits by deceiving the victim, and sentenced the Defendant not guilty.
B. 1) The victim and K were those who worked as a middle and high-speed with D Co., Ltd., and the Defendant was a person who was engaged in with the same office work, and the Defendant was a person who was employed in the same office, and the Defendant did not enter the above company for one year after he was employed in order to get out of the work, and the instant case occurred;
I is a person who has been engaged in the business of loaning or investing money to and from the external repair and sale of vehicles, and J is a person who has been engaged in the business of lending or investing money to and from the
B) On October 2014, the Defendant is a vehicle with Lbenz (hereinafter referred to as “a separate vehicle”) from K.
(E) purchase at KRW 26,80,000, the purchase price shall be the E Co., Ltd. (hereinafter “E”).
(D) On October 24, 2014, the Defendant provided a loan of KRW 28 million from E to the victim’s account at the time, and the loan was deposited into the victim’s account at the time (see, e.g., Supreme Court Decision 200 million, Oct. 23, 2014). On the other hand, K loaned KRW 26 million from J on October 2, 2014, and paid KRW 23 million to K as the price for separate vehicles. D) On October 24, 2014, the Defendant received a loan of KRW 28 million from E in the name of mother, and the loan was deposited into the victim’s account at the time (see, e.g., Right 2011 to the Investigation Records of Sales Contracts on Separate Vehicles written as of October 23, 2014).
J. At the request of K, the victim shall pay 26.8 million won out of the same day.