사기등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (the factual error) where the defendant did not pay the material price that the victim received from the victim to M, the victim has a risk of double payment of the material price to M, and the victim could have different results such as direct payment without paying the material price to M if the defendant had notified the fact, but the court below erred by misapprehending the fact that the defendant's deception did not go against the good faith principle in the transactional relationship.
2. The following circumstances acknowledged by the evidence duly adopted and investigated by the court below: (i) at the time of the instant case, the Defendant showed the E receipt to the victim by gathering the victim’s frequency at the time of the instant case; and (ii) at the time, the Defendant was entering into a contract to extend the frequency of L collection operated by the victim; (iii) at the time of the instant case, M was supplied with the Defendant with the 675,000 won of the above supplied material; and (iv) the Defendant was in fact preparing a receipt in the name of E as to the 675,000 won of the supplied material price; (iii) the Defendant waived the above material price to receive personnel expenses from the Defendant after the construction; and (v) there was no evidence to acknowledge that the amount was obtained by deception by the Defendant by deceiving the victim; and (v) there is no other evidence to acknowledge that the Defendant acquired it by deception by the Defendant.
Therefore, the judgment of the court below that there is no proof of crime as to this part of the facts charged is legitimate, and the prosecutor's argument of mistake is rejected
3. In conclusion, the prosecutor's appeal is without merit and it is in accordance with Article 364 (4) of the Criminal Procedure Act.