beta
Text
All of the appeals by prosecutors are dismissed.
Reasons
1. In full view of the evidence submitted by the prosecutor of the gist of the grounds for appeal, the court below held that the Defendants, despite being aware of the maximum loading capacity and its purpose of the Jumumumump of this case, provided that the victim was a general cargo, such as tin, and informed the victim of the maximum loading capacity and transport usage, and had actively induced the victim of the crime, but did not have any proof of crime. The court below erred by misapprehending the legal principles on fraud
2. Determination
A. The summary of the facts charged is that Defendant A is the former owner of F Jump dump truck (hereinafter “instant vehicle”) and Defendant B is a broker for the sale of used freight.
On January 2, 2008, the instant vehicle was installed and released in the form of a car, and the structure was changed by loading in the type of Jumump dump on the 18th of the same month. As a result, the maximum cargo loading capacity of the instant vehicle decreased from 25 tons at the time of shipment to 8.1 tons after the alteration of the structure, and the use of the instant vehicle was limited to the cargo transport after the alteration of the structure from the ordinary cargo transport at the time of shipment.
The Defendants, while selling the instant vehicle to G, concealed the aforementioned facts and conspired to sell the instant vehicle to G as if they were still 25 tons of the maximum loading quantity of the instant vehicle as at the time of delivery, and as if it was allowed to transport tin in the instant vehicle, by deceiving G to sell the instant vehicle to G.
Defendant
B From the H office located in Ansan-si around the end of December 2012, “The purpose of this vehicle is to transport tin stoness from the tin mine to the iron station and to 25 tons of tin stoness,” as if it is allowed to conceal the maximum discretion, use, etc. as above while soliciting G to purchase the instant vehicle.”
Defendant
B The G wishes to regard the instant vehicle as actual.