사기
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is that the Defendant merely received KRW 3.2 million in return for the transfer of design drawings CDs to the victim, and the Defendant had had the construction company introduced by the victim exercise the influence over the Corporation to conclude the instant construction contract, and acquired money from the victim by deceiving the victim. However, the judgment of the court below which found the Defendant guilty of the facts charged in the instant case is erroneous, which affected the conclusion of the judgment
2. Determination 1) The degree of formation of a conviction in a criminal trial must be beyond a reasonable doubt. However, it is not required to exclude all possible doubts, and rejection of evidence acknowledged as probative value is not allowed as exceeding the bounds of the principle of free evaluation of evidence. If a witness’s statement is consistent in the main part of the statement, it does not unreasonably deny the credibility of the statement without permission (see, e.g., Supreme Court Decision 2008Do12112, Aug. 20, 2009). 2) The following circumstances acknowledged based on the above legal principles, comprehensively considering evidence duly adopted and examined by the court below and the trial court, i.e., the victim G introduced the defendant a pro rata relationship with the president from the time of submitting a complaint against the defendant to the trial court, and made the defendant enter into a contract of construction contract with the Corporation and made the defendant make the defendant enter into a contract with the Corporation under the name of pro rata relationship with the president, and thus, it can be viewed that the victim G consistently made the defendant pay the money to the Corporation.