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The prosecutor's appeal is dismissed.
Reasons
1. According to the evidence submitted in the summary of the grounds for appeal, the defendant can be found to have obtained a delivery of approximately 500 tons of scrap metal in the amount of KRW 14 million from the injured party by deceiving the injured party G as stated in the facts charged of this case.
Nevertheless, it is difficult to recognize that the defendant had intention to actively commit deception and fraud against the victim.
In light of the fact that there is no proof of crime, the court below found the Defendant not guilty of the facts charged in this case.
2. Determination
A. The summary of the facts charged is as follows: (a) a person operating a F Office for the purchase and sale of scrap metal in Kim Jong-si; and (b) on September 2014, 2014, the victim G is 50% of the principal and profits by selling scrap metal and selling it later.
“Around September 2014 to May 2016, 2016, the victim had the victim purchase approximately KRW 500,000,000 from September 2014 to May 2016, and kept the victim in custody.
On May 12, 2016, the Defendant: (a) at the I Office located in Kim Jong-si, Kim Jong-si on May 12, 2016; (b) among the victims, D and the victim, the Defendant guaranteed and held the Defendant liable for the total amount of KRW 1.4 million, such as the amount, from the card and cash services, by April, separate from the amount invested in the scrap metal transaction in D; and (c) the Defendant set up the victim as a collateral for the difference between the Poke and the Poke.
“A letter of agreement drawn up shall be presented to the victim in lieu of the victim’s debt KRW 1.4 million by selling the victim’s scrap metal.
2. The term “assumed.”
However, in fact, the defendant did not have the intent to set up a security against the victim's sporas and spokes, and the sales proceeds of scrap iron were thought to be used for other purposes, such as vehicle installments, office operating expenses, etc., and became one of the principal who can pay the victim's debt in addition to the scrap metal.