사기등
The prosecutor's appeal is dismissed.
1. Of the facts charged against the Defendant, the lower court found the Defendant guilty of violating the Framework Act on the Construction Industry and sentenced a fine of three million won, and acquitted the Defendant on the charge of fraud. Only the prosecutor filed an appeal against the acquittal portion, and the Defendant did not appeal. The part of the lower judgment in violation of the Framework Act on the Construction Industry was separated and finalized as it is.
As such, the scope of this court's trial is limited to the acquittal part of the judgment below.
2. The summary of the grounds for appeal is as follows: (a) the Defendant used the portion equivalent to the established construction cost received from the complainant until September 15, 2013 for debt repayment, etc. other than the construction work; (b) the instant construction work was discontinued once again on September 15, 2013 due to additional payment of construction cost by the complainant; and (c) the Defendant again ceased to work on October 30, 2013 due to the amount personal use; and (d) the construction work on October 30, 2013 due to the delayed payment of the established construction cost; (b) the Defendant drafted the second written statement of execution on October 30, 2013; and (c) the Defendant, even if transferred KRW 162 million from the complainant; (d) the Defendant also accepted the obligation to pay the unpaid construction cost by 300,000,000 won to the Defendant at the time of the instant construction work; and (e) the Defendant received the remainder of the construction work cost from 1300,5,00,0,00,00,00,00.130.
It is reasonable to view it.
Nevertheless, the court below held the defendant.