사기
The prosecutor's appeal is dismissed.
1. The lower court found the Defendant not guilty of fraud under the pretext of the mid-term rent, among the facts charged against the Defendant, and found the Defendant guilty of fraud under the pretext of advance payments, and of fraud under the pretext of the mid-term rescission cost. Since the Prosecutor appealed only to the part not guilty, the part of conviction for which the Defendant and the Prosecutor did not appeal was final and conclusive with the lapse of the appeal period, and the scope of the judgment
2. The summary of the grounds for appeal (misunderstanding of facts as to the acquittal portion) was to the effect that at the time of concluding a construction machinery rental agreement, the Defendant, without notifying the representative C of the victim company that the amount of rent of KRW 120 million includes KRW 40,000,000,000,000 for the Defendant, deceiving the victim company by deceiving the Defendant.
In addition, the defendant made a false statement that I will accept equipment due to the default of rent to the victim company, and the defendant intended to obtain money from the victim company when he received 44 million won as rent from the victim company and used it for personal purposes, such as living expenses.
Nevertheless, the judgment of the court below which acquitted the 44 million won in the name of the mid-term rental fee, is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.
3. On April 14, 2015, the Defendant: (a) drafted a “construction machinery lease agreement” with the representative of the victim company C on behalf of the Plaintiff Company B (hereinafter “victim”) located L on behalf of the Plaintiff Co., Ltd. (hereinafter “victim”); and (b) concluded that “A” is false, despite that the monthly rent of 750 tons is KRW 80,000,000,000, the monthly rent of 750 tons is KRW 120,000,000,000 per month; and (c) subsequently, the victim company failed to pay KRW 120,000 per month at a non-permanent place on September 21, 2015.