사기등
All appeals filed by the prosecutor against the Defendants are dismissed.
1. Summary of grounds for appeal;
A. Fact-misunderstanding (the part not guilty of the Defendants’ fraud) that the Defendants’ use of steel materials (H-Bam) to be used for the new construction of the victim’s e-factory in other construction works despite the receipt of bills in total of KRW 200 million at face value constitutes fraud; the Defendants were using funds to return to various construction sites due to financial shortage; and the victims decided to complete construction until October 31, 2013 by the victim.
Comprehensively taking account of the consistent statements, it is recognized that the Defendants did not have the intent or ability to complete the construction of the e-factory.
B. The lower court’s sentence against Defendant A (two years of suspended sentence for six months of imprisonment, and 40 hours of lecture attendance order for compliance driving) is unreasonable as it is too uneasible.
2. Determination
A. The lower court, on the grounds stated in its reasoning, determined that the Defendants did not have the intent or ability to complete the construction of a new factory by the injured party.
It is difficult to conclude it.
In light of this, the lower court acquitted this part of the charges.
In addition to the circumstances indicated by the lower court, the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, namely, ① the victim requested the building design modification of the building design of the Leecheon Factory to the building design office on March 15, 2013 and obtained the design modification permission from the Leecheon-si market on July 29, 2013, and the Defendants received a modified design plan (Evidence 1 No. 76,184 of evidence record No. 1) around August 2013, and at the time of the instant case, indicated S400 in the first type of construction design drawings of the steel sector necessary for the building of the Leecheon-si at the time of the instant case.
H-Bam changed from around July 2013 to SM490 (Evidence No. 576 to 580, right 231 et al.) following the revision of the architectural design (Evidence No. 2, Evidence No. 576 to 580, right 231 et al.). The volume is not determined. However, the defendants received KRW 200,000 from the injured party only for the use of steel materials (H-Bam) price.