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The prosecutor's appeal is dismissed.
Reasons
1. The summary of grounds for appeal;
A. As to the fraud on September 24, 2012, in light of the following: (a) there is credibility in the victim’s consistent statement; (b) E is a simple employee of the company operated by the defendant; (c) it is difficult to believe the statement as it is; (d) it is impossible for E, one employee, to borrow office operating expenses without the defendant’s instruction; and (e) the victim does not voluntarily lend the office operating expenses of the defendant’s office; and (e) it is difficult to believe the defendant’s assertion and E; and (e) the judgment of the court below that acquitted the defendant of this part, even if the defendant’s fraud
B. On October 31, 2012, in light of the following: (a) the victim’s consistent statement was reliable; (b) the victim received promotional materials related to dry farming; (c) the security right was not established because the certificate of completion of registration was not provided; and (d) the security value was lower in light of the security right established on the pertinent real estate at the time, the lower court’s judgment that acquitted the Defendant of this part of the fraud even if it was found to have been guilty.
2. Determination as to the prosecutor's assertion of mistake of facts
A. The lower court determined as to the facts charged in the instant case on October 31, 2012, based on the reasons in detail in the part of the judgment of the lower court regarding the facts charged in the instant case: (a) it is insufficient to recognize the facts charged solely by the victim’s statement; and (b) it determined that there is no other evidence to acknowledge the facts charged; and (c) on October 31, 2012, there was a criminal intent of deceiving the victim at the time of borrowing or deceiving the Defendant.
It is judged that it cannot be readily concluded and sentenced not guilty of the facts charged in this case.
B. A thorough examination of the evidence of this case, based on the records, was conducted, and the following circumstances were considered together, submitted by the prosecutor for reasons as stated in its reasoning.