사기
The judgment below
Of them, the part of paragraph (b) of the "F New Construction Site Fraud" shall be reversed.
Defendant shall be punished by imprisonment for eight months.
1. Summary of the grounds for appeal;
A. Paragraph (1) of the facts charged is consistent with the facts charged because the court below's statement stated in E as the basis for the judgment of innocence is consistent with the purport that the victim B (hereinafter "victim B") was urged to receive a direct wage even if he received a wage from the defendant, and therefore, the court below erred by mismisunderstanding the facts.
B. The lower court’s pointed out matters concerning the statement of the victim No. 2 of the charge No. 1 of the charge No. 2 is nothing more than a scarcity, and considering N andO’s legal statement, it is recognized that the Defendant claimed construction cost for the victim No. 2, thereby acquiring funds from the victim B, and thus, the lower judgment that acquitted the Defendant is erroneous.
C. The other parts of Article 2(b) of the facts charged did not go through the Defendant and received wages directly from B, so the Defendant did not have any reason to receive a sea wage on behalf of other parts.
Therefore, the judgment of the court below that acquitted the defendant on the ground that the defendant's criminal intent to acquire the defendant is recognized only by seeking direct payment from the wages of other parts of the defendant M, is erroneous in the misconception of facts.
2. Before rendering a judgment on the grounds for appeal ex officio, the Prosecutor applied for amendments to Bill of Indictment with the content of changing the facts charged into “a modified facts charged” under Article 2(b) of the facts charged at the time of the trial, and this Court granted permission.
Since the subject of the judgment was changed, the judgment of the court below cannot be maintained as it is.
[Revised Facts charged] The Defendant already paid 4,49,500 won to the Defendant on April 30, 2009 as April salary, and paid 2,812,338 won to I on May 25, 2009 as April salary, 2009, 2,937,353 won to J as April salary name, 2,93, and 1,648,548 won to K for April salary, and 3,507 for April salary to L.