Defendant

All appeals by prosecutors are dismissed.

The Defendant was a de facto operator of H (hereinafter “H”) who was the Defendant’s misunderstanding of the gist of the grounds for appeal.

In light of F’s instructions, H’s act of directly establishing security on real estate in coloring real estate to secure the obligation to pay for the goods to D Co., Ltd. (hereinafter “victim Co., Ltd.”), and did not otherwise intervene in any third transaction between H, victim Co., Ltd and J Co., Ltd. (hereinafter “J”) (hereinafter “instant third transaction”) or benefit therefrom.

Therefore, as to the crime of fraud caused by the fraud of F in this case, apart from asking the defendant for the charge of aiding and abetting fraud, the conspiracy relation to the above crime cannot be recognized. Therefore, the judgment of the court below which found the defendant guilty of the joint principal offender of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), is erroneous in the misapprehension of facts.

The punishment sentenced by the court below (three years of imprisonment) is too unreasonable.

When the prosecutor (misunderstanding of facts) received the sn beam beamline from the victim company, he had no particular property from H or the defendant himself, and accordingly, the defendant was unable to pay the price to the victim company unless he receives the price from the seller of the said steel, etc.

Nevertheless, without confirming the purchaser's ability to pay the purchase price, the Defendant received the delivery of the said steel bars from the victim company without any particular means of financing. Since the Defendant did not have the intent or ability to pay the purchase price of the said steel bars, etc. to the victim company, this constitutes fraud.

Nevertheless, the court below acquitted the charged facts of the above fraud, and there is an error of misconception of facts.

Judgment

The lower court’s judgment on the Defendant’s assertion of mistake of fact is the evidence duly adopted and examined.