사기
The prosecutor's appeal is dismissed.
1. In full view of the evidence submitted by the prosecutor, the court below found the Defendant not guilty of the facts charged of this case, despite the fact that the Defendant, who was in charge of the construction site, had the victim E, who was a waste disposal business entity, had the victim pay the price if he/she would dispose of wastes as stated in the facts charged, and had the victim dispose of wastes at the construction site of this case and sufficiently recognized the fact that he/she acquired pecuniary benefits equivalent to KRW 26 million, which is the cost of waste disposal.
2. In full view of the evidence duly admitted and examined by the court below in light of the records of this case, a thorough examination of the facts revealed by the court below, and the defendant in charge of the construction of this case expressed his intent to the effect that "the victim would have been directly paid the price for the disposal of this case from the owner of the building," and that the victim would not participate in the settlement agreement process between the owner of the building, the construction company (MD construction), and the subcontractor after the completion of the construction, and the fact that other subcontractors could not receive the full payment of the price for the disposal of this case from the beginning, the court below acquitted the defendant of the facts charged of this case on the ground that the defendant could not be deemed to have received the full payment of the price for the disposal of this case by deceiving the victim even though he did not have the intention or ability to pay the price for the disposal of this case, and that there is an error of law by mistake as alleged by the prosecutor
Therefore, the prosecutor's above assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so ordered as per Disposition.