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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (misunderstanding of facts) deceiving the victim, who was not able to pay the long-term care money at the time of receiving the long-term care from the victim, thereby gaining profits by taking advantage of the contract, such as receiving investment, even though the victim was not able to do so at the time of receiving the long-term care.
The court below acquitted the defendant as to the facts charged. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.
2. Determination
A. The following facts are acknowledged based on the facts admitted by the lower court and the evidence duly adopted and examined by the first instance court.
(1) On September 12, 2012, the Defendant, while entering into a contract for a single supply with FF that operates the KAE, was unable to pay the down payment, he/she shall be deemed to have the contract by providing a security through a land manager, while he/she did not pay the down payment.
I and the customer will sell services through the customer.
the G was introduced to work together.
The Defendant explained this circumstance to F, and requested F to supply long language according to the above exclusive supply contract as the subject to which the right to collateral security is established on the land of Ma at the time of racing, and F perused the copy of the register of the above land and confirmed the place of public notice, and approved F’s proposal.
After that, the Defendant, through I on November 20, 2012, set up a collateral security to F with the fourth priority on the above land.
② On November 22, 2012, the Defendant calls to F around November 2, 2012, and calls from F to reduce the number of people to purchase long-term language.
The F supplied approximately 1.5 tons of the long-term fishing around November 23, 2012.
(3) The Defendant received good things from F on November 24, 2012, around 02:58, at around 02:58.
At the same time, e-mail was sent to settle the price of goods.
(4) A person who intends to deliver goods to customers by taking care from a defendant
G shall be made by telephone to F on November 26, 2012.