사기
The prosecutor's appeal is dismissed.
1. According to the summary of the grounds for appeal (fact-finding) witness G and H’s legal statement, etc. of the lower court, the lower court acquitted the Defendant on the ground that the Defendant had concealed the fact that the Defendant had already received and consumed the construction price from Doco Co., Ltd. (hereinafter “Nonco”), which is the place of order, and could promptly receive the construction price. Even if the Defendant was paid additional construction price from Doco, he had the intent to use it as the overdue wages, etc. of C Co., Ltd. (hereinafter “C”), which is operated by the Defendant, for the overdue wages, etc. of Nonco, Ltd. (hereinafter “C”), and thus, it was recognized that the Defendant did not have the intent or ability to receive the construction price from Doco
2. Determination:
A. The Defendant is the representative of C Co., Ltd.
Around December 27, 2011, the Defendant entered into a contract for supplying goods to be supplied with the “Water Distribution Team and MCC” equivalent to KRW 115,00,000,000, at the construction site of “F” performed by the Victim D Co., Ltd. from the Victim Co., Ltd. until January 30, 2012, the Defendant agreed that the Defendant would supply the goods to the victim after interim inspection, and around March 9, 2012, the Defendant paid the goods after the interim inspection. Around March 2012, the Defendant increased the price of the goods to KRW 120,000,000, and entered into a contract for supplying goods to delay until March 30, 2012.
Since then, on March 2012, the Defendant made a false statement to the G, a regular manager of the victim company, to the effect that “The Defendant would not receive the construction cost by telephone from the (ju) G Co., Ltd., and would not receive money after the examination.”
However, in fact, the Defendant already consumed the construction cost of KRW 110 million from the construction site at the construction site at the construction site at the construction site at the construction site at the construction site at the construction site at the site, and a considerable portion of the construction cost already paid prior to the payment.