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The prosecutor's appeal is dismissed.
Reasons
1. According to the evidence submitted by the Prosecutor’s summary of the grounds for appeal, the lower court acquitted the Defendant of the instant facts charged on the ground that the Defendant, as indicated in the instant facts charged, could be recognized that the Defendant, by deceiving the victim as stated in the instant facts charged, acquired the victim by transfer of KRW 20 million from the victim on October 30, 2012, and KRW 10 million on January 3, 2013, as the price for plant equipment (hereinafter “equipment”). However, the lower court acquitted the Defendant of the instant facts charged on the ground that the Defendant
2. Determination
A. According to the evidence duly adopted and examined by the court below and the court below, as stated in the facts charged in this case, the defendant was paid KRW 20 million and KRW 10 million to the owner of the equipment as the price for the equipment as stated in the facts charged in this case, but the defendant did not immediately pay it to the owner of the equipment. The defendant did not take measures to secure the right to sell the equipment, such as not paying the equipment down payment, and the defendant did not pay the equipment down payment to E, but did not notify the victim or G of the fact that the payment was made only KRW 10 million with the equipment down payment, but the fact that the victim or G did not notify the fact that the damager did not purchase the equipment by disposing of the equipment at another place due to the defendant's non-performance of the contract.
B. However, in full view of the following circumstances acknowledged by the foregoing evidence, the above facts alone proved without reasonable doubt that even if the Defendant was to receive KRW 20 million from the injured party and additional KRW 10,000,000 from the injured party, the Defendant was thought to be used for other purposes, such as debt repayment, etc., and that he was paid KRW 30,000,000 as the price for equipment by deceiving the injured party as stated in the facts charged in the instant case, and received KRW 30,000 from the injured party.
It is insufficient to view it, and there is no other evidence to prove it.
(A) The Defendant’s equipment from an investigative agency to the lower court and the lower court.