Main Issues
Disposition of sold sales slips and intent of unlawful acquisition;
Summary of Judgment
If the buyer collected a ship from the date of the contract and instead did not communicate otherwise, it is likely that the ship will be sold and disposed of as it is, and if the balance remaining after deducting the introduction fee from the purchase price was deposited in agricultural cooperatives, it cannot be deemed that the Defendant had the intention to obtain unlawful acquisition.
[Reference Provisions]
Article 329 of the Criminal Act
Escopics
Defendant 1 and one other
upper and high-ranking persons
Prosecutor (Defendants)
original decision
Gwangju District Court Decision 80No1724 delivered on June 12, 1981
Text
The appeal is dismissed.
Reasons
The grounds of appeal are examined.
According to the reasoning of the judgment below, the court below held that Defendant 1 sold Ga, which was depthed in his own dry field, to the non-indicted 2. The non-indicted 1, who agreed to sell Ga to the non-indicted 1. It was not possible to comply with the delivery date because the non-indicted 1 sold Ga to the non-indicted 1. The non-indicted 1. The non-indicted 2.0 billion won of this case did not constitute a violation of the rules of evidence, and the non-indicted 2.0 won of this case could not be found for the non-indicted 2.0 won of this case to the non-indicted 2.0 won of this case to the non-indicted 2.1.31, 1980, the non-indicted 1's dry field was sold to the non-indicted 1. The non-indicted 2. The non-indicted 1's non-indicted 1.0 won of this case's non-indicted 1's non-indicted 1.0 won of this case's non-indicted 1.
Ultimately, the appeal is dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices.
Justices Lee Il-young (Presiding Justice)