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The prosecutor's appeal is dismissed.
Reasons
1. According to the evidence submitted by the prosecutor, although it is possible to fully recognize the criminal intent to acquire the defendant by deceit, the judgment of the court below which held it difficult to recognize the criminal intent to acquire the defendant by deceit is erroneous, which affected the conclusion of the judgment.
2. Determination
A. On February 2012, the Defendant: (a) requested a transaction to the effect that “if a person in charge of the victim E’s irregular fish and its accessories are supplied, the price will be paid normally” to the person in charge of the victim E’s irregular fish and its accessories.
However, at the time of fact, the Defendant was unable to pay the monthly salary to the employees of the instant company at a very poor financial position, such as failure to pay the monthly salary, and even if he was supplied with special escape and accessories from the victim, the Defendant did not have the intent and ability to pay the price.
Nevertheless, the Defendant received from the victim a total of KRW 5,041,00 for three times from February 6, 2012 to March 20, 2012, and obtained the supply of a special strawer and its accessories equivalent to KRW 5,041,00.
B. The lower court determined that the Defendant committed a deceptive act against the victim.
The defendant was acquitted on the ground that it is difficult to view it as an intentional or intentional failure to pay the price of goods.
C. According to the evidence duly admitted and examined by the court below, the circumstances revealed by the court below are all acknowledged, and the above circumstances are revealed by the evidence, namely, the following circumstances that the defendant, who was in exclusive charge of the construction of a structure (wing wing) attached to the instant company (hereinafter “the instant project”), was approved by G, who was in charge of the instant project at the investigative agency, to the effect that the purchase of the parts necessary for the instant project is good, and then received the special wing and its accessories from the victim.