사기
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (fact-finding) ① The victim D trusted that the written contract for each of the works between E Co., Ltd. (hereinafter “E”) in which he is the representative director and G is the stock company F Co., Ltd. (hereinafter “F”), and paid the Defendant a total of KRW 13 million in the name of the expense. ② G in the court of original instance stated that each of the above contracts under F was forged (F did not have been ordered to carry out construction works related to Daejeon and Sejong, and even if the construction works were ordered, it was not capable of directly subcontracting to E). In full view of the fact that the Defendant could be found guilty of the facts charged in the instant case, despite the lack of the intent or ability to take the civil construction works of the temples constructed in Daejeon and Daejeon, the Defendant could take part in the inspection civil construction works, and received KRW 13 million from the victim by deceiving the victim.
2. Determination
A. The summary of the facts charged of this case, around May 8, 2009, the Defendant, at the “E” office operated by the victim D in Yangcheon-gu Seoul Metropolitan Government, and even if the Defendant received the money from the victim, the fact, despite having no intent or ability to receive orders from the victims for the construction of the temple construction works of the Daesung-gu, Daejeon-gu, the Defendant acquired 3 million won from the victim as an immediate order for construction works, and acquired 13 million won in total on two occasions, including that the Defendant received 10 million won for additional expenses in a coffee shop in which it is impossible to know the name in front of the Seoul Seo-dong District Court on May 13, 2009, the Defendant received 13 million won for additional expenses from the victim.
B. The lower court’s judgment.