Of the facts charged in the instant case, the charge of embezzlement is acquitted.

[2016 Highest 832] On November 28, 2014, the Defendant, at the construction site office of the Gosung-gun apartment of Gangwon-gun, Gangwon-do around 15:00 on November 28, 2014, referred to as the agent of the D representative E, and ordered the victim G, an executive officer of the F Construction Co., Ltd., to contract the remaining construction site of the H apartment construction site of Gangwon-gun, Gangwon-do, Gangwon-do.

The phrase “ makes a false statement.”

However, the defendant did not have any intention or ability to contract construction works even if he received money from the injured party because he did not have been delegated with the right to contract construction sites from E.

As such, the Defendant, by deceiving the victim, obtained the delivery of KRW 20 million from the victim on the same day.

Summary of Evidence

1. Each legal statement of witness G, I, and E (the fourth trial date);

1. Each protocol of suspect interrogation of the accused by the prosecution (including G, I, and E);

1. Each police statement made to I and E;

1. Standard contract for private construction works (Evidence Nos. 2);

1. Details of transactions by account;

1. The performance letter (the defendant alleged that the defendant was not a deceptive act against the victim because he was delegated with the authority to contract from E, but according to each of the above evidence, the defendant's deception was recognized despite the fact that the defendant was unaware of the victim although he was not delegated with the authority to contract the construction site for the construction site of the HH apartment in Gangwon-gun before November 28, 2014, and since it cannot be recognized that the defendant was entrusted with the authority to contract the construction project from around February 28, 2015 (the investigation record 49 to 53 pages) prepared and executed to the defendant from around February 2015 after E, the defendant's assertion cannot be accepted.)

Application of Statutes

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense, Article 347 (1) of the Criminal Act concerning the selection of punishment, and reasons for sentencing of imprisonment;

1. Scope of the recommended punishment on the sentencing criteria: Imprisonment with prison labor for up to six months and up to one year and six months, and type 1 (up to one hundred million won).