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The prosecutor's appeal is dismissed.
Reasons
1. As to the gist of the grounds of appeal, the lower court acquitted the Defendant on the grounds that it was impossible to find the Defendant not guilty on the ground that the Defendant could not recognize the intention of deception on the ground that it was not possible to recognize the Defendant’s act of deception on the ground that it was difficult to view that the Defendant had known the victim that he would receive a loan from the
However, according to the evidence, the Defendant: (a) agreed on a loan under the condition of a security trust, not a general security loan, from the time the consultation with the employees in charge of the loan was commenced; (b) the Defendant opened the general meeting of shareholders on January 13, 201, which was prior to deception to the victim E; and (c) decided on the “security trust loan” by opening the general meeting of shareholders on January 13, 201; and (d) in the event that the Defendant was aware of the fact that the loan was not a general security loan but a security trust loan on January 21, 2011, the Defendant should have known such fact to the victim; and (e) in light of the fact that the Defendant was unaware of the fact that the Defendant was aware that he would receive a security trust loan, not a general security loan
Therefore, this part of the judgment of the court below is erroneous by misapprehending the facts and affecting the conclusion of the judgment.
2. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court, i.e., ① the employee J, unlike the content of the investigation report (person in charge of telephone conversations), appeared as a witness at the lower court and testified that the Defendant was given the first loan agreement on January 11, 201, and subsequently changed into a collateral trust loan after the first loan. ② The minutes of the general meeting of shareholders prepared as of January 13, 201, as of January 13, 201, were recorded retroactively for the loan of collateral trust.