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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (based on factual errors or misapprehension of legal principles) is reliable in the complainant's statement that the defendant made a false statement that he had induced the foreign company's KRW 1.6 billion in the process of failing to pay corporate tax and taking over F, without any profits, and that F would have been receiving an investment from the foreign company, such as O and N. also stated that F would be receiving an investment from the foreign company, and it is also recognized that F would not have any business that F would actually run according to N, P's statement, etc.
In light of the above, it is sufficiently recognized that the defendant deceivings the complainant to the effect that he will receive investment in a foreign company without the intention and ability to repay, and the judgment of the court below which acquitted the defendant of the money, is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.
2. Determination
A. Of the facts charged in the instant case, the core content of deception is 1) as if the foreign company’s investment plan with F was not established, and 2) as if the Defendant did not have a plan to substantially proceed with the oil sales business from the beginning, and the Defendant was in the same place as if he were to proceed with the business, and 3F was in a situation where it was impossible to make profits due to the lack of a business actually being run, and 3F
B. In full view of the facts as indicated in the judgment below, the court below rejected each of the complainant's statements that the defendant deceivings the complainant due to the foreign company's investment plan, etc., was not consistent and thus rejected.
Upon examining the records, this judgment of the court below is just and acceptable.
I examine the O and N's respective legal statements that correspond to the facts charged.
O is a person who has served as secretary of the complainant. The complainant is transferred 6,00 shares from the defendant and is the Chairperson of F.