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(영문) 수원지방법원 2015.09.10 2014노7315
사기
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. In full view of the evidence presented by the prosecutor as to the gist of the grounds for appeal, Defendant A and Defendant B, the president of the above company, were false to the effect that “I would normally pay the processing cost if semiconductor-related equipment components are contaminated” to the victim G who operated the F Co., Ltd., and that it can sufficiently be recognized that, as stated in the facts charged, the victim company was processed with parts of semiconductor-related equipment equivalent to the total amount of KRW 19,836,600, and acquired them without paying the processing cost amount. However, the judgment of the court below acquitted the Defendant of the facts charged of this case.

2. A thorough examination of the evidence duly adopted and examined by the court below in light of the records, and the judgment of not guilty of the facts charged in this case on the basis of the circumstances stated by the court below is sufficiently acceptable, and the judgment of the court below is not erroneous in the misconception of facts as alleged by the prosecutor, and the prosecutor's above assertion is without merit.

3. In conclusion, since the prosecutor's appeal against the defendants is without merit, all of the appeals are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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