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The prosecutor's appeal is dismissed.
Reasons
1. Comprehensively taking account of the evidence submitted by the Prosecutor as to the gist of the grounds for appeal, the facts charged that the Defendant, even if the Defendant was supplied by the injured party more than the ordinary level of money, could sufficiently be acknowledged that the Defendant acquired the goods by deception to the injured party even though he did not have the intent or ability to pay the money.
Nevertheless, the judgment of the court below which acquitted the defendant is erroneous by misapprehending the legal principles.
2. Determination:
A. The summary of the facts charged is that the Defendant operated “D” as a company that is engaged in the manufacture and distribution of the original group in Gwangjin-gu Seoul Special Metropolitan City.
Since the above company's sales have decreased from around 2010 and the exchange rate fluctuations, etc. making it difficult to operate the company difficult, the defendant promoted the acquisition of a sports center without a clear obligation to secure funds, but failed to pay for the acquisition price. Ultimately, in the early 2012 period, the financial institution's liabilities amount to KRW 2 billion and the personal loans amount to KRW 700 million, and there was no intention or ability to pay the amount thereof even if the defendant receives a demand for postponement of payment from the victim E even if he/she receives a more amount of money than the ordinary amount of money.
Nevertheless, the defendant will deliver a promissory note to the victim and pay the original amount by way of settling a promissory note after three months of the original amount.
After the end of a fraudulent period, from March 27, 2012 to April 25, 2012, Defendant 5,235,892’s market price at the above company of Defendant 5,235,892, 2,684.5 Had, from April 26, 2012 to May 25, 2012, the market price of KRW 67,311,310, and 4,182 Had, from May 26, 2012 to June 25, 2012, such as the prevention of erosion, shall be reduced of KRW 176,961,510, and KRW 7,78 Hadhh, equivalent to the market price, such as the prevention of erosion, at the company from damage.