beta
Text
The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
1. According to the evidence submitted by the prosecutor who submitted the summary of the grounds for appeal, although the defendant could sufficiently recognize the fact that he had obtained 28 million won by deceiving the victim E as a loan, the court below found the defendant not guilty of the facts charged on the premise that the party who lent the defendant is the company, has erred by misunderstanding the facts or
2. Determination
A. Prior to the judgment on the grounds for appeal ex officio, the prosecutor examined ex officio prior to the judgment on the grounds for appeal, and maintained the morale of the victim E in the first instance trial as the primary facts charged, and as the ancillary facts charged, the following:
C. (1) As described in paragraph (1), an application for amendment to a bill of amendment was filed to add the morale of the victim F (hereinafter “company”) to the victim F, and since this court permitted this, the judgment of the court below was no longer maintained.
However, the prosecutor's assertion of misunderstanding of facts or misapprehension of legal principles is still subject to the judgment of this court, despite the reasons for ex officio reversal.
B. On October 14, 2009, the main facts charged are as follows: (a) the Defendant, along with the victim E, jointly established and operated the food materials supply corporation; (b) the Defendant made food materials at the existing restaurant operated by the Defendant; and (c) made a business agreement with the victim to raise an amount equivalent to 30 million won of the corporation’s capital; and (d) the victim established a corporation around October 14, 2009, and thereafter the victim prepared and kept 30 million won of the corporation’s capital to be used as capital for the corporation.
On October 15, 2009, the Defendant must pay money to the victim's father-gu to the victim's husband on or around October 15, 2009. On the completion of the project that is currently in progress in Cheongdo-dong-related carpet, the money is immediately entered, and it lends KRW 20 million out of the capital of incorporation.