사기
The prosecutor's appeal is dismissed.
1. According to the evidence submitted by the inspector the summary of the grounds for appeal (misunderstanding of facts), the court below erred by misapprehending the legal principles as to the defendant's acquittal, although the defendant could recognize the fact that he/she acquired pecuniary benefits by deceiving the executive director of the victim company.
2. Determination
A. The summary of the facts charged is a person who served as a representative director of E Co., Ltd. on the second floor of the D shopping mall in Seosan-si from March 31, 201.
On November 6, 2013, the Defendant: (a) at the victim G Co., Ltd. office located in Yong-si, Nam-si; and (b) at the victim G Co., Ltd. office located in Hongcheon-do, the victim E Co., Ltd., the executive director of the victim company; and (c) at the road maintenance work ordered by the Hongcheon-gun Office of Hongcheon-gun, Gangwon-do, for the civil engineering work; (b) the victim Co., Ltd. and the subcontractor, “I will pay the construction price to the victim Co., Ltd., Ltd. as if the victim Co., Ltd., and the subcontractor, “I will pay the construction price as if the victim Co., Ltd., Ltd., and the subcontractor, during the delivery and maintenance work under the official duties urban planning road (I) from among the delivery and maintenance work, as if the payment was made on Oct. 30, 2013 to Nov. 16, 2013; and (c) the remainder of the construction price to be directly received from the ordering owner.”
However, on March 7, 2012, the Defendant: (a) entered into a construction contract with the Hongcheon-gun Office of Gangwon-do and the above Gun Office for the construction project for the maintenance and improvement of the city planning road (I); and (b) received the construction cost of KRW 44,00,000 from the above Gun Office in advance on March 12, 2012; and (c) already received the construction cost of KRW 52,449,000 from the construction work progress rate of KRW 37.7% as of December 11, 2013; (d) the balance to be additionally paid was KRW 8,449,000,000; and (e) the representative of the JJ Corporation, which is the subcontractor of the Defendant Company, shall be KRW 180,000,000 won on March 15, 2012.