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(영문) 의정부지방법원 2017.12.07 2017노2510
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that there is no evidence to prove whether the Defendant received the price of the ices from C because it was unable to receive the ices C the price for the supply of the ices, and it is not known where the Defendant only paid 10% of the price that the Defendant received from C, and used the remainder of the price. Since May 2014, the Defendant continued to order the victims to pay the price even though it was not paid at all by C, and there was no intention and ability to pay the price for the supply.

It is sufficient to view it.

Nevertheless, the lower court which acquitted the Defendant of the facts charged of this case has erred by misapprehending the facts and affecting the conclusion of the judgment.

2. In full view of the circumstances indicated in the judgment, the lower court determined that the evidence alone submitted by the prosecutor led the victims or that there was an intentional fraud by the Defendant.

It is not sufficient to recognize the recognition.

In light of the facts charged, the lower court acquitted the instant charges.

In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, the above judgment of the court below is just and acceptable, and there is an error of law by misunderstanding of facts, as otherwise alleged by the prosecutor.

subsection (b) of this section.

Therefore, prosecutor's argument cannot be accepted.

A. E is a structure that has been established from the beginning to manufacture and supply AScream to “C”, and that is, it is inevitable to pay the price of raw materials with the price of ASc forest received from C.

The victims knew the defendant's side and for a long time, and from around 2012, the victims knew of the above circumstances, such as the process of the establishment of E, by supplying ices to the Scream plant of China.

B. The victims do not from time to time provide AScklim materials, but from Italian V.

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