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(영문) 대전지방법원 2015.05.13 2014노2372

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the summary of the grounds for appeal by the victim's statement and evidence submitted by the prosecutor, the court below acquitted the defendants, despite the fact that the defendant A deceiving the victim He by deceiving the victim He, ② the fact that the defendant B has obtained financial benefits by in violation of his occupational duty, thereby causing damage to the victim E, and the fact that the money has been acquired by deceiving the victim H by deceiving the victim He, there is an error of misunderstanding of facts.

2. The summary of the facts charged is the head of the E Co., Ltd. (hereinafter “E”), Defendant B with the vice head of E, and Defendant B with the head of the G at the construction site located in the ASEAN located in the ASEAN where he was in progress in the E around January 2009, and the victim H was a person who subcontracted part of the construction work at the above G construction site and performed the subcontracted work after receiving a subcontract for the said construction work at the above G construction site, which was known to Defendant A.

Defendant

A1) On April 27, 2009, the Defendant at the construction site of the G at the above G site, “A new company (I) occupied the second order in the result of the G construction. I want to assist the new company to implement the construction work by talking with the head office.” On behalf of the case, the Defendant was merely the chief who is not the representative director or the officer class employee of E, and was not capable of exercising the influence on E to grant the victim the right of G construction, and there was no intention to do so. The Defendant was issued five million won in cash from the victim at the above construction site at the above construction site around April 27, 2009. The time of commencement of the construction of the golf course was around March 3, 2010, but it was previously purchased before that date. On July 2009, the Defendant was not the head of the G construction association specialized in the construction site at the above G construction site, and the head of the G construction association during the preparation for the construction of the golf course.

In the end, E.