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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (the fact-finding) may fully recognize the fact that the victim acquired KRW 100 million from the victim by deceiving him/her by entering into a contract for the supply of new technology, etc., even though the defendant was not able to supply him/her normally due to excessive debts and was unable to supply him/her to the victim;
The lower court rendered a not guilty verdict on the facts charged of this case, but the lower court erred by misunderstanding facts and adversely affecting the conclusion of the judgment.
2. Determination
A. On February 2013, the summary of the facts charged reveals that the Defendant was aware of the victim H and I, who was preparing for a business of opening a new import release store on the commercial building that was newly built in Seoyang-gu G in Seoyang-gu, Seoyang-gu, Seoyang-gu, the total size of 330 square meters, and that he had been expected to do so, he would be able to supply a large volume of good imported goods at any time as he would not only raise sales of KRW 10 billion a year as a distributor of overseas goods but also secure good faith. The Defendant explained that he had the ability to supply a large volume of imported goods at any time by using the victim and I et al. together with the goods stored in the warehouse and said goods as being imported and kept by the Defendant himself.
However, in fact, the warehouse of the Kimpo Airport Logistics Center or the imported goods in the warehouse were not owned by the defendant, and the defendant was in a state of no intent or ability to purchase and supply the related goods, such as shoes, even if he receives the payment from the victim, such as the return of the new purchase price due to extreme financial difficulties, and the defendant is urged by M, N,O, etc.
The Defendant, at any time, explains as if the victim could be able to import refined goods, and provide clothing, and, in its possession, makes down payment KRW 100 million between the victim and the victim on March 13, 2013.