The prosecutor's appeal is dismissed.

1. Comprehensively taking account of the evidence submitted by the prosecutor to the summary of the grounds for appeal, the court below acquitted the defendant of the facts charged in this case, although the defendant could sufficiently recognize the fact that he had by deceiving the victim and acquired by deceiving the amount equivalent to KRW 8.5 million, which is erroneous in the misapprehension of facts.

2. Determination

A. The summary of the facts charged in the instant case is as follows: (a) on March 27, 2015, the Defendant installed the Victim K at the Victim K at a hotel at a wooden city around 15:00 on March 27, 2015, at the family house located in the volume, fluence, and pressure of the solar batteries, and KRW 4,50,000 per annum.

In addition, it is intended to set up 20 kw roof at the home house located in a high-speed 20kw and bring about KRW 4 million per week.

“...”

However, the defendant did not intend to pay personnel expenses to the victim.

The Defendant, by deceiving the victim, did not pay KRW 8.5 million for personnel expenses even after completion of construction work on September 11, 2015, when the victim went through construction work from April 16, 2015.

나. 원심의 판단 원심은, 그 채택 증거를 종합하여 인정되는 아래와 같은 사정 등에 비추어 보면, 피고인은 당초 고소인에게 공사대금을 지급할 의사가 있었으나, 고소인과 여러 공사현장에서 작업하는 과정에서 고소인에게 불만을 품게 되었고 이 사건 공사현장들에서 추가 시공 내역이 발생하자 고소인에게 약정대로 공사대금을 지급하는 것이 부당하거나 고소인이 괘씸하다고

I think that the possibility of not paying the construction cost and having reached this case cannot be ruled out, and the facts charged on the premise that the defendant did not have an intention to pay the construction cost from the beginning is proved to the extent that there is no reasonable doubt.

On the ground that it is difficult to see it, the lower court acquitted the instant charges.

① The Defendant employed complainants at the construction site of Seoul F, Chungcheongbuk-do, Goyang-si at the construction site of the instant construction site during or after the instant construction project. The aforementioned construction works are the same.