사기
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is that the court below acquitted the defendant of the facts, although it is possible to recognize the criminal intent to acquire money, since the defendant borrowed money without notifying the victim of the financial situation in detail.
2. In addition to the facts acknowledged by the lower court, the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, namely, the Defendant would pay the victim advance payment KRW 2.8 billion from Hyundai Construction to the insufficient amount of employee wages.
In full view of the fact that the due date was determined as December 21, 2015 and borrowed KRW 300 million on the same day, and that the payment was received KRW 2.8 billion from the Hyundai Construction on December 15, 2015, which was prior to the due date, and that the Defendant received KRW 2.8 billion from the STX Heavy Industries on the same day, in addition to the advance payment of KRW 2.8 billion, the Defendant appears to have received the advance payment of KRW 422 billion from the STX Heavy Industries on the same day or received the advance payment of KRW 1.890,700,000 from GS construction on December 10, 2015, the Defendant appears to have received the advance payment of KRW 1.890,700 from the GS construction on the same day.
Even if it was believed that there was a considerable probability of avoiding the victim's non-performance of obligations.
(2) The principal of the corporation, even if the advance payment was made from the beginning, borrowed the money with the intention of not paying it to the victim.
It is difficult to readily conclude.
Therefore, prosecutor's assertion is not accepted.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.