All appeals filed by the prosecutor against the Defendants are dismissed.

1. Of the facts charged against Defendant A, the lower court acquitted Defendant A of the fraud on May 10, 201, and convicted Defendant A of the fraud around June 10, 201, and found Defendant B guilty of the fraud, and acquitted Defendant B of the fraud around May 10, 201, among the facts charged against Defendant B, around June 10, 201.

As to this, the Defendants did not appeal, and only the Prosecutor appealed against the acquittal portion among the judgment below.

Therefore, the conviction part of the lower judgment against the Defendants in the lower judgment was separated and finalized by the Do of the appeal period (see, e.g., Supreme Court Decision 2010Do10985, Nov. 25, 2010). The scope of the judgment of this court is limited to the acquittal part against the Defendants among the lower judgment.

2. Comprehensively taking account of the evidence submitted by the prosecutor in the gist of the grounds for appeal, Defendant A is supplied with goods equivalent to KRW 10 million from Victim H as stated in the facts charged, and Defendant B can be recognized that he was supplied with Hen's eggs amounting to KRW 6.35 million from the victim L as stated in the facts charged, and obtained it by fraud, but the judgment of the court below which acquitted the Defendants, is erroneous in the misapprehension of facts.

3. Determination

A. The summary of the facts charged is Defendant B, who operates E in the name of C, F is a person in charge of distribution business in E, and Defendant A is a person operating G agency.

Defendant

B and F began their business in the absence of business funds, and Defendant A provided goods equivalent to KRW 10,00,000,000,000,000 to E, but Defendant A knew of the financial situation of E, despite the fact that it was not paid at all, it was decided to introduce customers upon F’s request. Ultimately, Defendants and F did not receive goods from customers without the ability of payment.

1. Defendant AF is an employee of the Victim H, who was introduced by the Defendant at the office of the Lieutenant E in May 201.