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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) misunderstanding of facts (the crime committed on December 21, 2012) (the crime committed on or around December 21, 2012) provided the victim E with intent or ability to supply the scrap metal, but the Defendant’s employee G did not supply the scrap metal to the victim on the wind that embezzled the company fund. As such, there was no intention of fraud with respect to the crime committed on December 21, 2012. In addition, on the extension of the period where the Defendant traded on December 21, 2012, the sum of KRW 67,948,658, which the Defendant received from the victim in relation to the crime committed on or before December 21, 2012, the Defendant was merely paid for the scrap metal supplied to the existing victim. Nevertheless, the lower court erred by deceiving the victim in advance to supply the scrap metal to the victim, which affected the conclusion of the judgment, and thus, did not err in the misapprehension of unfair sentencing.
B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.
2. Determination
A. The lower court acknowledged the Defendant’s assertion of mistake of facts based on the evidence duly adopted and examined by the lower court, namely, ① the victim E voluntarily withdraws the amount of KRW 90 million deposited in the said deposit account from the investigative agency to the lower court’s court, and specifically, stated, “The Defendant requested advance payment of KRW 150,00,000 at the market price of December 21, 2012, and subsequently, remitted the amount to the victim totaling KRW 67,948,658 from December 21, 2012 to December 27, 2012,” and ② the Defendant used the Defendant’s deposit account in the name of G with the name of “D,” while operating the said scrap metal wholesaler with the name of “D,” and embezzlement the amount of KRW 90,000,000 deposited in the said deposit account, and the instant case was subject to the suspended sentence of imprisonment for the year 1 (250,000,000).