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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
1. The summary of the grounds for appeal (misunderstanding of facts) is erroneous in the judgment of the court below which acquitted the Defendant on the ground that the Defendant transferred the management right of D to a third party prior to the above temporary date, even though the Defendant was supplied with the meat from the injured party as at the time when the Defendant operated D Co., Ltd. as stated in the facts charged of this case.
2. The Defendant is the actual representative of D Co., Ltd. (hereinafter “D”) established for the purpose of manufacturing and wholesale and retailing agricultural products concentrated in the facts charged of the instant case, who operated the said company.
On July 19, 2013, the Defendant ordered the Victim F to use the D Office located in Seongdong-gu Seoul Building No. 810, by J, an employee, the Defendant ordered the Victim F to use the U.S. A. M. M. 78 Gags and supplied the said goods, and told the Victim F to pay the price immediately.
However, due to management difficulties, D was unable to pay the price of goods supplied on credit by the customer, and the amount of wages and retirement allowances of retired employees. At the time, the defendant was scheduled to transfer D's business, so there was no intention or ability to pay the said price even if he received the payment from the injured party.
Nevertheless, the Defendant, by deceiving the victim as above, received 78 gamblings worth KRW 35,623,880 on the same day from the victim (hereinafter “the instant goods”), and acquired it by fraud (the prosecutor applied for amendments to the indictment with the content that the JusticeJ of D’s staff, other than the Defendant, directly conducted deception, and the court permitted this.
However, this is merely an indirect method through a third party, and it is difficult to view that the subject of adjudication is changed by substantially changing the contents of deception or affecting the exercise of the defendant's right of defense.