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The judgment below
The remainder, excluding the rejection of an application for compensation order, shall be reversed.
The defendant shall be innocent.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) In the event of misapprehension of the legal principle, the Corporation in the instant case is Defendant E (hereinafter “E”).
(B) as ordered by the Defendant, the Defendant continued the instant construction under its own independent account and responsibility, and the Defendant Company B (hereinafter “B”).
(2) The court below erred by misapprehending the legal principles on the charge of fraud, since the court below found the Defendant guilty of the facts charged in this case. 2) The sentence of the fine (five million won) sentenced by the court below is too unreasonable.
B. The sentence (one million won of a fine) imposed by the prosecutor by the court below is too unhued and unreasonable.
2. Judgment on the Defendant’s assertion of misapprehension of legal principles
A. The gist of the facts charged in the instant case was from July 2015 to January 2016, the Defendant served as a field manager at the construction site of F&D subcontracted by B from E (hereinafter “instant construction”).
When managing the construction site of this case, the Defendant reported the details of the construction site B, based on this, the Defendant claimed for the payment of the construction cost to E and received the payment of the construction cost from E, and received a report on the details of the labor cost and material cost to be paid from the Defendant, and paid the construction cost to the Defendant.
1. On November 3, 2015, the Defendant related to G submitted a false tax invoice issued by G with evidentiary data, stating that “The G Company J shall pay KRW 5,500,000 for the instant construction project” to B employees I at the site of the instant construction project located in Gwangju-si H, Gwangju-si, and submitted a false tax invoice issued by G with evidentiary data.
However, in fact G did not carry out any work in relation to the instant project, and if B pays the proceeds to J, the Defendant remains after deducting the value-added tax to be borne by the J.