사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the period of two years from the date this judgment becomes final and conclusive.
The summary of the grounds for appeal (two years of suspended sentence for six months of imprisonment) of the lower court is deemed to be too unfluent and unfair.
We examine the reasons for appeal by the prosecutor ex officio prior to the judgment.
In the first instance trial, the prosecutor applied for changes in indictment by adding some of the facts charged against the defendant as stated in the following facts, and the judgment of the court below can no longer be maintained as the case is changed by this court's permission.
In conclusion, the judgment of the court below is reversed in its entirety pursuant to Article 364 (2) of the Criminal Procedure Act and it is again decided as follows, without further proceeding to decide on the prosecutor's unfair argument of sentencing, on the ground that the facts charged partially added at the court below's ex officio reversal and the facts charged are concurrent crimes under the former part of Article 37 of the Criminal Act.
Criminal facts
1. The Defendant, from February 2, 2009 to September 2009, performed the work as a subcontractor at the D sewerage construction site at the time when the Victim C Co., Ltd. performed the work upon obtaining an order from the Naju City.
person is a person.
When the defendant reported the construction cost, the victim company paid the labor cost, equipment use cost, etc. directly to the construction business operator. However, as the funds for the construction site conducted in another field are insufficient, the defendant neglected the construction cost for the sewerage construction works at the same time and neglected to receive the difference from each construction business operator by receiving the additional delivery of money from the victim company.
On March 6, 2009, the Defendant reported to the victim company by falsely appropriating labor costs of KRW 1,500,000 at the construction site above, and then receiving a return of KRW 1,50,000 from the victim company to the E account under the name of the E. In addition, as indicated in the attached list of crimes, 10 times in total from around that time to September 20, 209.