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The prosecutor's appeal is dismissed.
Reasons
1. Comprehensively taking account of the evidence submitted by the prosecutor of the gist of the grounds for appeal, the defendant could sufficiently recognize the fact that the defendant, in collusion with D and E, deceiving I to acquire KRW 750 million, by deceiving I, and the defendant did not conspired with D and E
Even though the defendant's act constitutes the crime of aiding and abetting the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), the court below acquitted the defendant of this case.
2. Determination
A. The summary of the instant facts charged is from April 10, 2009 to June 20, 2010, the Defendant is serving as a person in charge of ELA C.
A person who has directly prepared original import business after his retirement, D, and E, as a person who has invested in the original import business of the defendant, and as a person who has invested in the original import business of the defendant, F, around September 24, 2010, invested KRW 450 million in the defendant, but failed to repay the amount. As such, the debt owed to the deceased in January 201, by lending the money from the bond company, etc., was not less than KRW 70 million.
The Defendant pretended that D, E, and Defendant continued to work in ELS, and offered to compensate for D, E’s loss by lending money from another person under the pretext of borrowing money.
around January 20, 2011, the Defendant signed and sealed the Defendant’s house located in Gangnam-gu Seoul Metropolitan Government on the column for joint and several liability for borrowing KRW 750,000,000,000,000,000,000,000,000 from the Defendant’s house. D, and E, on January 20, 201, invested the Defendant’s investment in the domestic source trading business of the Defendant, who works for the 14th floor of the H building in Seoul Jung-gu, Jung-gu, Seoul, with “I, upon confirmation of the amount, invested in I, in I, and can recover the amount of investment until January 30, 201.” However, the Defendant was working in the J. K., “I, upon receiving the confirmation of the amount of investment from the Defendant.”
(b) money;