사기
The judgment below
The part of the defendant's case shall be reversed.
The defendant is innocent. The summary of this judgment shall be notified publicly.
1. The summary of the grounds for appeal (based on factual errors, misunderstanding of legal principles) ① the Defendant was committed as if he would normally pay the construction cost even before May 15, 2015, which was issued a written statement of direct payment forged to the victim. This constitutes deception in fraud; ② the Defendant did not pay it to the victim even after receiving the payment related to the fire fighting construction cost subcontracted from G from the ordering person G; ③ the Defendant was punished as a violation of the Labor Standards Act due to delayed payment of wages at the time of the instant crime; and ③ the Defendant was in poor financial condition, such as being punished as a violation of the Labor Standards Act due to the delayed payment of wages, even though he did not have the intent or ability to pay the construction cost, it can be sufficiently recognized that
However, the judgment of the court below which acquitted the charged facts of this case is erroneous in misconception of facts or misapprehension of legal principles.
2. Prior to the judgment on the grounds for appeal by the prosecutor ex officio, the prosecutor examined the part of the facts charged in the instant case that “the defendant would normally pay the construction cost to the victim if he/she added to the victim at the office at the site of remodeling construction of the F Elderly Long-Term Care Hospital in Guro-gu Seoul around February 2015, and deceiving the victim by delivering a statement of direct payment of the construction cost in the name G, the person ordering the remodeling construction work, and had the victim do so from around that time to June 30, 2015, including value added tax, until June 30, 2015.” The part that “the defendant did not pay the additional construction if he/she would not pay the construction cost at the work site of remodeling construction of the F Elderly Long-term Care Hospital in Guro-gu Seoul around February 2015.”