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The prosecutor's appeal is dismissed.
Reasons
1. Summary of the grounds for appeal;
A. On December 30, 2010, the Defendant committed fraud on or around December 30, 2010, received delivery of KRW 20 million as down payment by making false statements to the victim H, even though he/she did not have any intent or ability to cancel the collateral security, etc. even though he/she performed his/her obligation 440 million for the Grand integrated Construction Co., Ltd. until three months after the lapse of three months, the Defendant was not guilty of this part of the facts charged, and the lower court erred by misapprehending the facts, which affected the conclusion of the judgment.
B. On March 31, 2011, the Defendant, who committed an attempted fraud, paid a part of the remainder to J, and the remainder is said to be paid at that time when the dispute with the person holding the provisional attachment right is settled, and there was no fact that it was said that the remainder would be paid at that time, and the Defendant would be paid at that time. Therefore, the lower court found the Defendant not guilty of this part of the facts charged, despite the fact that the Defendant sufficiently recognized the deception of some remainder, and
2. Determination
A. On December 30, 2010, the summary of this part of the facts charged is the person who actually controls and manages the (State)C. The Defendant: (a) was awarded a successful bid for Asan City D land under the name of the said company; and (b) performed the construction for the completion of a wedding course by purchasing a non-completion building on the ground; and (c) on November 16, 2010, as the construction was completed on December 21, 2010, by entering into a contract for the construction of land, the construction was completed on December 21, 2010; and (d) carried out a loan against the Daejeon Central Credit Union with the building and the land as a collateral; (b) however, the ceiling on loans amounting to KRW 375 million,000,000,000,000, in addition to the relationship where the priority mortgage was set on the said land and was insufficient to secure the collateral amount.
The overdue wages of 250 million won and the overdue wages of the employees of the company are 5.0 million won borrowed for the management of the company.