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The prosecutor's appeal is dismissed.
Reasons
1. Comprehensively taking account of the evidence submitted by the prosecutor to the summary of the grounds for appeal, the court below acquitted the Defendant of the facts charged in this case on the ground that the Defendant could sufficiently recognize the fact of deceiving the victim C as stated in the facts charged, thereby deceiving the victim C.
2. On June 10, 2014, the summary of the facts charged of the instant case: (a) the Defendant called the victim C by phoneing the victim C, and (b) decided to purchase Vietnam’s solar mar from the seller of Vietnam; and (c) the Defendant would give one half of the principal and the profits if the net profits accrue at least KRW 10,00 per box.
The Food and Drug Administration's inspection and customs clearance shall be held responsible, and the two types of goods shall be paid to the small and medium-sized market wholesaler on the day when the customs clearance is completed.
The phrase “ makes a false statement.”
However, in fact, the defendant received money from the injured party and disposed of it with the delivery of both forms, and then appropriated for customs clearance expenses, goods delivery expenses, the defendant's existing expenses, or planned to use it as the down payment, etc. for the future import of the defendant, and there was no intention or ability to pay the principal and the profits even if he received the purchase fund from the injured party.
As above, the Defendant: (a) by deceiving the victim; (b) had the victim transfer the purchase price of 21,504,000 won to the seller of Vietnam; and (c) the Defendant acquired the pecuniary benefits equivalent to KRW 21,504,000 by receiving the 350 boxes of Vietnam.
3. On the grounds indicated in its reasoning, the lower court, on the grounds indicated in its reasoning, seems to be merely a civil dispute arising from the following circumstances, such as that the Defendant was unable to sell the quantity imported by the Defendant at an anticipated price, unlike sampling, and an ambiguous contractual relationship between the parties concerned, etc., and submitted by the Prosecutor.