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The prosecutor's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
Comprehensively taking account of the evidence submitted by the prosecutor around August 22, 2007, the court below erred by misapprehending the facts and acquitted the Defendant on all of the facts charged of this case, even though the Defendants conspired to attract the victim with regard to H investment, deceiving the victim, by obtaining KRW 200 million from the victim, and, on September 11, 2007, obtained KRW 20 million from the victim without the intent or ability of the Defendant B to repay.
The facts charged in the instant case and the lower court’s judgment on August 22, 2007, on the facts charged regarding the defraudation of KRW 200 million related to H investment by the Defendants, Defendant A was the representative director of H Co., Ltd. (hereinafter “H”) who produces and sells renewable vending machines, and Defendant B was working as H director.
In fact, even if the Defendants were to produce and install a recycling-based vending machine from the victim G, they paid the profits corresponding to 6% of the monthly investment amount to the profits therefrom, and there is no intent or ability to return the principal of the investment after one year, Defendant A made the person in charge of investment to take charge of the investment and provided a business explanation to the investors, and Defendant B recruited to invite investors.
Defendant
B around July 2007, the victim made an investment several times of “A will guarantee high profit if it invests money in H operated by A. B. B. If it is erroneous, it will be held liable.” On August 22, 2007, the defendant A operates H that produces a free-to-date vending machine with the defendant B at the office located in the fifth floor of Seoul International Building in Gangnam-gu Seoul, Seoul, in order to ensure that the victim visited the office with the defendant B, who made an investment in money, will be able to guarantee high profit in a short period.
The interest of the 6% (12 million won) per month shall be paid, and the interest shall be paid after the year.