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All appeals filed by the prosecutor against the Defendants are dismissed.
Reasons
1. The summary of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles) did not have any special funds at the time, and did not confirm the kel content of the scrap scrap to be purchased, and the part of the investment funds received from the injured was consumed as the company’s operating expenses. As such, there was no intent or ability to pay the principal and the profits agreed upon by the injured party by exporting the scrap scrap.
Nevertheless, the lower court found the Defendant not guilty of the facts charged of this case erred by misapprehending the legal doctrine.
2. Determination
A. In a criminal trial, the recognition of criminal facts ought to be based on strict evidence with probative value, which makes a judge not to have any reasonable doubt. Thus, in a case where the prosecutor’s proof does not reach the degree of confiscing such conviction, the determination should be made on the part of the defendant, even if there is suspicion of guilt such as contradictory to the defendant’s assertion or defense or uncomfortable dismissal (see, e.g., Supreme Court Decision 2012Do231, Jun. 28, 2012). (b) The lower court acquitted the defendants on the charges of this case on the ground that, in light of the following: (a) the defendants purchased and exported the scrap scrap from the money actually invested by the injured party; and (b) the defendants did not export the scrap content of the scrap scrap that they purchased, if they knew that they did not reach 20% or less, they would not export it.
(c)
In light of the lower court’s judgment and the evidence of the party’s deliberation, a thorough examination of the following facts and circumstances, which are acknowledged by the lower court and the evidence of the party’s deliberation, the Defendants, despite the absence of the intent or ability to export by purchasing the scrap 18-22% screen content, deceiving the victim or had the intent to commit a crime by deceiving the Defendant.
It is insufficient to conclude it, and otherwise, to recognize it.