특정경제범죄가중처벌등에관한법률위반(배임)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (misunderstanding the fact) is that the Defendant paid KRW 1,645,724,480 (hereinafter “project cost of this case”) between April 30, 2012 and May 18, 2012, as stated in the facts charged of this case, to the head of the association of a housing reconstruction and rearrangement project association for C (hereinafter “the instant association”) and the subcontractor for construction costs and various project costs, as indicated in the facts charged of this case, can be deemed as an occupational breach of trust against the reconstruction association of this case. However, the lower court erred by misapprehending the facts, and thus, cannot be deemed as an occupational breach of trust against the reconstruction association of this case.
The decision was determined.
2. Determination
A. After recognizing the premise as indicated in its reasoning, the lower court: (a) proved that the Defendant’s act of paying the instant project expenses to a brick construction contractor and subcontractor (hereinafter the above two are collectively referred to as “sloping construction contractor”) on the ground of the circumstances in its reasoning constituted occupational breach of trust against the instant association without reasonable doubt.
On the ground that it is difficult to view the instant facts charged, the lower court acquitted the Defendant.
B. The above determination by the court below is just and acceptable, and there is no illegality of misconception of facts, in light of the premise facts recognized by the court below as well as the circumstances in its reasoning, including the following circumstances acknowledged by the record:
1) 1 Comprehensively considering all the evidence submitted by the prosecutor, it is insufficient to recognize that the project cost of the instant case paid by the Defendant to the side of the brickd Construction was unfairly excessive even if it was not used or used for the reconstruction project of the instant association, and there is no other evidence to acknowledge it. ② The total project cost of the instant association and the total project cost of the instant association, including the project cost, paid to the side of the brickd Construction, are set forth in the facts charged of the instant construction contract.