사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the period of two years from the date this judgment becomes final and conclusive.
The main point of the prosecutor's appeal grounds (misunderstanding of facts) was that the defendant ordered to subcontract the victim C to the opening and repairing construction work of the Chungcheong-gun D apartment (hereinafter referred to as the "construction work of this case") was non-existence of the existence of the trial event.
Defendant was awarded a subcontract for the instant construction work
The claimed E did not have any authority over the instant construction work, and the Defendant did not enter into a contract for E and the instant construction work until October 2008, upon receipt of the delivery of KRW 30 million from the injured party.
Although the Defendant did not confirm whether the instant construction was legally subcontracted from the executing company, and whether the authorization or permission required was obtained, the Defendant received KRW 30 million from the injured party by deceiving the injured party as if he could immediately commence the construction of the instant construction around October 2008. The Defendant agreed to immediately return KRW 30 million when the construction of the instant case was not in progress at the time, but did not have the intent and ability to return KRW 30 million since it had already been in excess of the obligation.
Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment by rendering a not guilty verdict of the facts charged in this case.
Judgment
The Defendant, around October 20, 2008, ordered the victim C to give a subcontract for the renovation work of the Seocho-gu Seoul Metropolitan Government D apartment complex at the 6th entrance in Seocho-gu, Seocho-gu, Seoul.
It is also the authorization and permission that can be granted for the construction work.
30,000,000 won in return for the reduction of subcontracted construction. If the construction is not implemented, it will be immediately returned to 30 million won.
“The purpose of “ was to make a false statement.”
However, in fact, the instant construction project is not implemented, whether there is an executor, and the Defendant was re-subcontracted or entrusted with the authority to conclude the relevant construction contract.
E (from around 2008, it is the honorarium for the contract for the construction of the E-family apartment.