beta
Text
Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) In the event that at the time of the instant case, the Defendant was aware of the fact that: (a) at the time of the instant case, the Defendant had the right to purchase the scrap metal at the H construction site; (b) had the intent and ability to return the investment money or to pay the proceeds by making an additional investment of KRW 700 million thereafter; and (c) was found guilty of the facts charged in the instant case; and (d) there was an error of law that affected the conclusion of the judgment by misunderstanding the facts, thereby adversely affecting the conclusion of the judgment. (b) In light of the fact that the Defendant paid the full payment of KRW 240 million borrowed from the victim (in March 3, 2008, KRW 190 million, KRW 50 million, and KRW 50 million, May 30, 2008, KRW 2000, KRW 50 million, which the Defendant currently bears the victim’s obligation after the instant case; and (c) in light of the overall
B. In light of the fact that the prosecutor (unfair) committed the instant crime again against the Defendant, even though having been punished several times for the same criminal convictions, and that there is no doubt, such as claiming that the Defendant paid money from the victim without any reflection, and that there is no agreement with the victim or any measure is not taken to recover from damage, the punishment of the lower judgment is too uneasible and unfair.
2. Determination
A. Comprehensively taking account of the evidence duly adopted and examined by the lower court and the first instance court as to the Defendant’s assertion of mistake of facts, the Defendant tried to purchase and sell it to the victim E through G in January 2008, stating that “The Defendant, through G, has any scrap metal remaining after the Youngdo Construction, with which there exists any scrap metal remaining after it. The Defendant has been secured by KRW 700 million out of the down payment of KRW 1 billion.300 million, the contract is entered into with the loan of KRW 300,000,000,000, which is KRW 300,000,000,000 won, and paid KRW 25,000,000,000,000 won, which is 30,000,000,000