beta
Text
The prosecutor's appeal is dismissed.
Reasons
1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, in light of the circumstance and contents of the agreement on investment in relation to the business that creates I (the name of "T" and "U" to the Jincheon-gun, Jincheon-gun (hereinafter "the instant business"), the Defendants intended to invest KRW 1.5 billion in the instant business.
In addition, the Defendants and F newly established R Co., Ltd. (hereinafter “R”) in the course of carrying out the instant business in accordance with the said investment agreement, and Defendant B deposited KRW 1 billion with the Suhyup Federation in accordance with the said investment agreement. The Defendants conspired to recover KRW 1 billion from the said investment agreement, and Defendant B withdrawn KRW 1 billion from the Suhyup Federation’s account while keeping the amount of KRW 1 billion in custody for R as the injured party.
However, the judgment of the court below which acquitted the Defendant of the facts charged in this case is erroneous as a matter of law.
2. Determination
A. The lower court determined that the issue of the instant case was as follows: (a) the Defendant B, the representative director of R, deposited KRW 1 billion in the account opened in his own name, and the bank’s stock payment certificate was issued and the bank’s incorporation registration was completed; (b) deposited in the account converted only one billion won in the name of the bank to the company; and (c) on June 5, 2009, when withdrawing KRW 1 billion from the company account on June 5, 2009, the Defendants intended to receive illegal profits from the company; and (d) comprehensively considering the following: (a) the relationship with the Defendants; (b) the details of the withdrawal of KRW 1 billion deposited; and (c) the following circumstances, the said KRW 1 billion withdrawn by the Defendant B was merely a capital increase by the substantially most recent method; and (d) the said KRW 1 billion was presumed to have not formed the substance of the company’s capital stock; or (e) the immediately withdrawn was planned immediately before the payment was made.
As long as there is room to view the project of this case to F.