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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 court below acquitted the defendant of all the facts charged of this case, although it could sufficiently recognize that the defendant has instigated the J to perjury in the process of the relevant civil procedure as stated in the facts charged, and acquired pecuniary benefits to avoid the payment of the amount equivalent to oil prices by deceiving the court in favor of him/her, and the court below acquitted the defendant
2. Determination
A. The summary of the facts charged is the representative director of G Co., Ltd. (hereinafter “G”), and H is the representative director of the victim I Co., Ltd. established for the purpose of oil sale (hereinafter “I”), and the J is the representative director of K Co., Ltd. (hereinafter “K”).
K entered into a contract with G on January 29, 2013 for L (hereinafter “instant construction”). On February 5, 2013, K entered into a contract for receiving oil from G to the said construction site and supplied oil in an amount equivalent to KRW 22,165,406 from February 19, 2013 to March 8, 2013; however, the construction was suspended as of March 8, 2013; from March 9, 2013 to March 9, 2013, G supplied oil from G while performing the construction directly.
1) On October 7, 2013, the Defendant: (a) lost in the first instance court of the claim for oil payment that “I would pay KRW 96,194,077, which I would have provided from February 19, 2013 to May 31, 2013; (b) the Defendant, at the N Attorney-at-law office located in Ulsan-gu, Ulsan-gu, Seoul, to be exempted from the payment of the said oil; (c) the Defendant, at the N Attorney-at-law office, in order to be exempted from the payment of the oil, submitted by I to J, “K was bound to receive the oil from the construction site on March 8, 2013, and during that process, I would be responsible for G,” and all of the documents confirming that I would have prepared a false withdrawal of the oil payment on the condition that I would file a complaint with J against the Plaintiff.