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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (misunderstanding of facts) is likely to be unable to settle the bill of this case on the payment date, and the defendant requested the discount of the bill to the victim by allowing these risks. Therefore, the intention of defraudation may be recognized.
The court below acquitted the charged facts of this case, and the court below erred by misunderstanding the facts and affecting the conclusion of the judgment.
2. Determination as to the prosecutor's assertion of mistake of facts
A. The summary of the facts charged in the instant case is a person who serves as the representative director of C, a corporation, the main business of which is the manufacturing and selling of clothes, and has overall control over the company’s business, finance, personnel affairs, etc.
In the course of the operation of the above company, the Defendant began to pay bills to some of the supply companies that have settled payments in cash since 2014. Since then on April 2014, the sales of the supply company was reduced so that it was impossible to pay wages to its employees from time to time, and the bill was issued for the purpose of financing funds at a discount without real transactions in order to resolve the financial competition. The size of the financing bill was 11,440,00 won, May 21, 2000, 200, 16,650,000 won, 26,789,000 won, 200,000 won, 200,000 won, 26,789,000 won, etc., and most of the settlement date was made around October through December 2014, and it was anticipated to worsen after October 1, 2014.
On June 5, 2014, the Defendant found at the second floor C Office of Gangnam-gu Seoul D D Building Co., Ltd., and the victim E “C at a discount from the F side of the bill issued by the trader F as the price for goods.”
In the face value of KRW 50,000,000, the bill would be settled with three months after a discount of KRW 45,000,000.
However, facts are only 8,629,500 won, and the remainder is insufficient due to the above-mentioned financial circumstances of the company.