(영문) 수원지방법원 2018.05.29 2017노8452 | 리걸엔진

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(영문) 수원지방법원 2018.05.29 2017노8452

사기

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The prosecutor's appeal is dismissed.

Reasons

1. In light of the substance of the instant confirmation document drawn up on August 1, 2013, the gist of the grounds for appeal (misunderstanding of facts), it is difficult to view that the Defendant voluntarily set up the green chips (hereinafter “the green chips”) and affixed the seal of the Defendant’s company to have received the seal of the Defendant’s company. In fact, the Defendant ordered a semiconductor.

No person can be determined, and I did not have the credibility of the statement as employee of the defendant company. Thus, the judgment of the court below which acquitted the defendant is erroneous in the misapprehension of facts.

2. In light of the following circumstances revealed by the records of this case, the lower court, on the grounds stated in its reasoning, proved without any reasonable doubt that the Defendant, without the intent or ability to supply semiconductors to the victim or that the Defendant had the intent to commit fraud, had the Defendant committed fraud, on the grounds as indicated in its reasoning.

It is difficult to see

The decision is justified.

① From around 2010, prior to conducting semiconductors business, Defendant Company was liable for its obligations to the Green chips, and even around August 1, 2013, even if it was liable for the debt amounting to KRW 380 million, it did not appear that the Green chips license was performing the debt amounting to KRW 380,000 under the understanding of the Green chips. At the same time, it did not appear that the Green chips license was taking legal measures, and it was continuously traded before and after the occurrence of the instant case. The Defendant Company was unable to place an order for semiconductors at the time solely on the ground that the Defendant Company was liable for its obligations to the Green chips.

shall not be deemed to exist.

② B Before August 1, 2013 at the lower court’s court court’s trial, H had a call relating to the importation of semiconductors of I and the Gu, and at the time of receiving money from the injured party, the Defendant Company did not associate with what talks.

was stated.

Therefore, prosecutor's assertion is without merit.

3. The appeal by the prosecutor of conclusion is without merit and Article 364 of the Criminal Procedure Act.

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