사기
The judgment of the court below is reversed.
The defendant shall be innocent.
1. According to the evidence submitted by the prosecutor, the issue of whether a person is entitled to receive KRW 50 million by concluding a separate repair contract at H universities constitutes an important element, and thus, it can be acknowledged that the defendant has received money by deceiving the victim.
Nevertheless, the judgment of the court below that acquitted the charged facts of this case is erroneous and adversely affected by the judgment.
2. Determination
A. We examine ex officio the grounds for appeal by the prosecutor ex officio before determining the grounds for appeal.
In the trial of the case, the prosecutor applied for changes in the indictment of this case as stated below B, and this court permitted this and changed the subject of the trial in the trial of the case, so the judgment of the court below cannot be maintained any more.
However, despite the above reasons for reversal of authority in the lower judgment, the Prosecutor’s assertion of mistake in the facts of deception is still subject to the judgment of the lower court in this case where the facts charged by the lower court and the facts charged changed in the trial are factually identical.
We examine the paragraph.
B. The revised charge is the actual operator of E Co., Ltd., the purpose of which is to set pumps manufacturing, wholesale retail business, etc., and F Co., Ltd., the Defendant established a set pumps sales corporation from the Defendant around January 2014 and operated the corporation together, upon receipt of a proposal, established G Co., Ltd., the victim G Co., Ltd, the purpose of which is to set up the set pumps leasing business, wholesale retail business, etc., and then invested and operated the operating fund.
On March 24, 2014, the Defendant “F is in the state of the present breakdown in the H university installed in the H university,” and there is a need for approximately KRW 43,725,000 to repair it.
As expected to conclude the fee of KRW 50 million, the fee of KRW 43,725,00 shall be paid. The payment of repair cost shall be made in the name of G Co., Ltd. by concluding a repair contract in the name of G Co., Ltd.