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All appeals filed by the prosecutor against the Defendants are dismissed.
Reasons
1. According to the evidence submitted by the prosecutor, although the court below found the defendants guilty, the court below erred by misapprehending the legal principles or misunderstanding the facts, which affected the conclusion of the judgment.
2. The Defendants of the facts charged of the instant case continued to engage in money transactions at the time of February 2014, and Defendant B promised to have Defendant B participate in the operation of the victim E to receive money and to pay money. In order to provide money to Defendant B, Defendant A promised to take part in the operation of the victim E and to receive money, and Defendant B paid this money.
After February 2, 2014, Defendant A, who was well aware of the victim E from Seongdong-gu Seoul Metropolitan Government around February 2, 2014, changed the sequences No. 21 to join the 50 million Won or more as a fraternity of the 21st unit that he/she seeks to organize and operate his/her inner body. In this context, Defendant A has analyzed the operation of the 50 million Won or more and has self-sufficiency, and thus, he/she will pay the payment without problem.
Defendant A, as a member of the main fraternity, made a false statement, and was committed as if he/she had the obligation to pay the accounts.
However, at the time of February 2014, Defendant B operated the clothing factory in Seoul at the time of Seoul, and was required to pay 20 million won or more as monthly personnel expenses, and was required to pay 60 million won or more as financial institutions, and even if Defendant A was paid 30 million won or more from the injured party, it was difficult for Defendant A to pay the paid amount normally. Defendant A was well aware that the above B’s financial status was not good at the time of February 2014, where Defendant A was unable to pay 60 million won or more as the financial right debt and personal debt 20 million won or more, and Defendant A did not have an intent or ability to pay the paid amount normally to the injured party.
Nevertheless, the Defendants are above.