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(영문) 부산지방법원 2017.05.26 2015노4148
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The court below found the defendant not guilty of the facts charged of this case, which affected the conclusion of the judgment by misunderstanding the facts and misunderstanding the facts. The court below erred in the misapprehension of the legal principles as to the facts charged of this case, and thereby adversely affected the conclusion of the judgment.

2. The lower court determined as follows: (a) the Defendant traded with the victim from January 5, 2012 to May 2013, when 2013 closed down a steel company D (hereinafter “instant company”); (b) the Defendant supplied steel materials amounting to KRW 305,589,947 for one year 2012; (c) paid the amount of KRW 176,254,037 for the Defendant; (d) the Defendant supplied steel materials amounting to KRW 44,025,465 from the victim for one month 2013; (e) the Defendant had been supplied with steel materials amounting to KRW 3,65,90 from the victim to KRW 3,56,90 from January 1, 2013; (e) the Defendant continued to pay the amount to the victim for the purpose of paying the amount to KRW 44,025,465,00 after the Defendant had been aware of the Defendant’s obligation to pay the amount to the Plaintiff.

In full view of the fact that it is difficult to confiscate immediately, the evidence submitted by the prosecutor alone is insufficient to recognize that the defendant had an intention to acquire steel materials.

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