사기
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is that the defendant was in the position to resolve the civil petition of the residents and to exercise overall control over the progress of the business for which approval or permission for waste disposal facilities was granted, but the defendant did not have experience or know-how with respect to the progress of the above business, the part of the money that the defendant received from the damaged person was not used for the purpose of the above business, and the defendant concluded a service contract with the injured person without making efforts to confirm whether the permission for waste disposal facilities is possible under the related Acts and subordinate statutes, and the judgment of the court below which acquitted the defendant of this case is erroneous in the misapprehension of facts
2. In full view of the circumstances as indicated in its reasoning, the lower court determined that the Defendant had proved the criminal intent of deception or deception to the extent that there is no reasonable doubt.
The following shall be difficult:
In light of the facts charged, the lower court acquitted the instant charges.
In light of the following circumstances admitted by the court below based on the evidence duly adopted and investigated by the court below, the above judgment of the court below is just and acceptable, and there is an error of law by misunderstanding of facts and misunderstanding of legal principles as alleged by the prosecutor.
subsection (b) of this section.
Therefore, the prosecutor's above assertion cannot be accepted.
㈎ 당 초 폐기물 처리시설에 대한 사업을 추진하였던
N The project was discontinued due to the civil petition filed by the residents
인식하고 있었고, 그 밖에 관계 법령 상의 제한에 관하여는 알지 못하고 있었으며( 증거기록 제 130-132 쪽), I으로부터 이를 전해 들은 피고 인도 위 사업 중단의 이유를 그와 같이 인식하고 있었던 것으로 보인다( 증거기록 제 176, 179 쪽). ㈏ 피고인과 피해자 사이에 2014. 4. 4. 체결된 폐기물 처리시설 인ㆍ허가 등에 관한 용역계약( 이하, ‘ 이 사건...