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The prosecutor's appeal is dismissed.
Reasons
1. According to the evidence submitted by the prosecutor, as stated in the facts charged in the instant case, the court below acquitted the Defendant of the facts charged on the following grounds: (a) the Defendant, as stated in the instant facts charged, by deceiving K, who was entrusted with the sale of the used vehicle by the victim J, and received the export-related documents from K, which amounting to KRW 89.9 million of the market price owned by the victim, and did not pay the purchase price; and (b) exported the used vehicle of this case and acquired it by fraud.
2. The summary of the facts charged in the instant case is a person who purchased a vehicle in Korea and operates I, a company exporting to the land such as the buyer Lone Star. The victim J is a company selling the used vehicle, and K is a person entrusted with the storage and sale of the used vehicle from the injured party.
The Defendant purchased the instant heavy vehicle that the victim entrusted to K through L (hereinafter referred to as “L”), and made a false call to K on September 2, 2014, and transferred KRW 58,300,000,000,000 out of KRW 89,90,000,000, to K. Therefore, the Defendant called “the documents related to the export of the said heavy vehicle are different.”
However, there was no fact that the Defendant remitted money to K, and there was no intention to pay the second priority payment to the victim because the Defendant planned to export the second priority vehicle of this case by deceiving K only with export-related documents by deceiving K.
The Defendant received documents related to the secondhand export from K around that time, and exported the documents without paying the purchase price of the secondhand car owned by the victim around September 4, 2014.
Accordingly, the Defendant, by deceiving the victim, was issued a heavy appeal of this case equivalent to KRW 89.9 million at the market price.
3. Determination
A. The burden of proving the facts charged in a criminal trial shall be the burden of proof.