사기
The prosecutor's appeal is dismissed.
1. In light of the fact that the defendant, in the reason of appeal, was unaware of the fact that he was under subcontract for construction even though he did not receive subcontract for construction from GS Construction, and that there was a false resident number and address in each letter prepared by the victim thereafter, the defendant had the intention of deceiving the victim from the beginning to acquire pecuniary benefits equivalent to the rent for cutting off, and that there was an error of mistake in the judgment of the court of original judgment
2. Determination
A. Comprehensively taking account of the evidence adopted and examined by the court below by this court, E received a subcontract for D-based construction from GS construction to supply the Defendant with stones, soil, etc. coming from the time of the above-based construction, and requested the Defendant to introduce and request the above-based construction business entity. The Defendant requested C to lease the above D-based construction while receiving a subcontract for the above D-based construction, and it can be acknowledged that C attempted to put the d-licer into the d-based construction, but it did not begin with the construction work and waiting for the d-licer to the surrounding the construction site.
In full view of the above facts and the above evidence, if the above-mentioned infrastructure was normally conducted by the above-mentioned foundation corporation, the defendant would have been able to get profits by selling stones, soil, etc. emitted from the above infrastructure corporation, so even ifeverever, the defendant appears to have worked as the above foundation corporation as soon as possible. The defendant also suffered losses not to sell stone and soil, etc. because the above foundation corporation did not proceed. The defendant was not used for any other purpose, but waiting around the site of the construction project to put the surface at any time, and the defendant was waiting to put it into the above foundation corporation at any time on December 209, the transfer of this case, and the equipment rent of 2.2 million won out of the equipment cost of 7.2 million won from C around March 2012.