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The prosecutor's appeal is dismissed.
Reasons
1. According to the evidence submitted by the prosecutor, such as the statement in the investigation agency of Defendant B on the gist of the grounds of appeal (misunderstanding of the facts), the defendants acquired insurance proceeds through a false transaction statement.
Although the court below found the Defendants not guilty, it erred in the misapprehension of facts.
2. Determination
A. A. Around July 4, 2013, Defendant B, working as F at the Incheon branch of Doro Design Co., Ltd. (hereinafter “Doro Design”), and subscribed to performance guarantee insurance to the Seoul Guarantee Insurance Co., Ltd. for the payment of credit goods to the head logistics company of the Incheon branch (hereinafter “the head logistics”) within the limit of KRW 100 million from July 4, 2013 to July 3, 2014.
Defendant
B around November 2013, in the event that the branch of Incheon Design and Incheon was unable to receive the goods such as cremation paper ordered for the funeral goods, the amount of the existing credit goods payment amount is 64,94,377 won. However, the order is based on the fact that the above performance guarantee insurance product was subscribed to the above performance guarantee insurance product, and the goods were not received, the transaction statement, etc. was prepared and delivered to the head of the company, and the goods were delivered to the head of the company, and the amount of KRW 100,000,000, which was the amount of the credit payment, was paid to the owner of the Seoul Guarantee Insurance Company.
Defendant
B In collusion with Defendant A, who is an employee in charge of the logistics of the head commissioner, the customer Party B, at the office of the Incheon Design Incheon Design Branch, located in Gyeyang-dong, Gyeyang-gu, Incheon, around December 2013, as if the said Defendant A received goods, such as 66,767,469 won in total from November 5, 2013 to September 9 of the same month, he/she shall receive a transaction statement from the said Defendant A and shall affix his/her seal to the Incheon Design Incheon Branch, and shall issue a tax invoice equivalent to the same amount, and the Defendant A shall issue a tax invoice on December 13, 2013 at the 19-7, Dong-dong, Gangnam-gu, Seoul, Seoul, on December 13, 2013.