beta
Text
The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (the factual error) is acknowledged as credibility in the victim's statement that the defendant made a false statement that he/she would transfer the E shares more than the market price in consideration of the following: (a) the defendant and the victim made a confusion without distinguishing B and E, (b) the e-mail that the defendant recommended the purchase of shares to introduce E to the victim on August 18, 2010; and (c) the defendant directly recommended the victim to purchase shares; and (d) the defendant made a false statement that he/she would transfer the shares above the market price.
In addition, in light of the fact that the defendant was committed as if he had no relation with E, and repeated such arguments in the trial process, and that B also is a company with no relation to E, the criminal intent of the defendant's defraudation is recognized.
2. The lower court reversed the Defendant’s statement that the Defendant initially stated that “B would purchase the shares because it would have been listed in the stock market,” and that “E would transfer the shares at a price lower than the market price.” In so determining, the lower court acquitted the Defendant on the ground that the victim’s statement as to the contents of deception is not consistent, and other evidence submitted by the prosecutor alone was insufficient to recognize the facts charged in the instant case and there is no other evidence to acknowledge it.
According to the records, around June 2016, the victim filed a complaint with the representative director of B and the actual operator of B that "B is expected to be listed in the stock market", and upon the investigation by the police, the complainant stated that E purchased the shares because E is expected to be listed in the stock market, and it was stated that E purchased the shares and actually transferred the shares of B. It is also confirmed that E had already been acquired by a KOSDAQ-listed corporation around November 2006, a transfer of the shares.
otherwise.