특정경제범죄가중처벌등에관한법률위반(사기)
All appeals filed by the prosecutor against the Defendants are dismissed.
1. The summary of the grounds for appeal: (a) around November 2015, at the time when the Defendants filed a claim for progress payment with the Korea Rail Network Authority (hereinafter “Authority”); (b) acknowledged the fact that the Defendants filed a claim for progress payment in comparison with the actual progress rate at the time when they filed a claim for progress payment; and (c) recognized the fact that such a claim for accuracy was not allowed and did not consult with the Corporation in advance; and (d) stated that the construction management officer AD also did not accept the claim for accuracy.
It is merely an ex post facto circumstance that the J Co., Ltd. (hereinafter “J”) settled the content of returning approximately KRW 600 million to the Corporation. It is irrelevant to whether the Defendants had the intent to commit fraud at the time of claiming the payment for completed portion in the instant case.
Therefore, it should be deemed that the Defendants had the intent to acquire the money in the name of the progress payment from the Corporation.
2. Based on the evidence duly admitted and investigated, the lower court determined that the Defendants prepared and submitted to the Corporation a false completion report, etc. that was not completed the maintenance work of each river of AA and AB, and accordingly, acknowledged the fact that the Corporation paid progress payment as stated in the facts charged to the J, a contractor.
On the other hand, in light of the following circumstances, the court below held that the Defendants did not have proved that they intentionally committed the above acts, without any reasonable doubt, in light of the following circumstances acknowledged by the evidence duly adopted and investigated.
In August 2015, the Corporation has been allocated a budget of KRW 20 billion to the instant construction, and in the process, the annual installments in the year 2015, which was the initial 50 billion won, was finally increased to KRW 58.8 billion.
In light of the timing and scale of increase in the amount of implementation, the Corporation seems to have considerable difficulties in executing the budget allocated.
The Corporation shall undertake the works of the Si.