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The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In full view of the following facts: (a) the Defendant entered into a temporary re-lease agreement with the victim even though it was difficult for the Defendant to pay taxes to the extent that the Plaintiff did not pay taxes and paid the wages of the members of the construction site; (b) at the time, the Defendant operated the construction site in the form of return, such as offsetting the expenses incurred by the enemy for the construction site into the construction cost in other construction site; and (c) the Defendant did not pay the construction cost to the victim despite the receipt of the payment of the construction cost of KRW 500 million; and (d) the Defendant used or withdrawn part of the construction cost received as the credit card price for the Defendant’s individual, without the intent or ability to pay the rent, the fact that
Nevertheless, the lower court found the Defendant not guilty of this part of the facts charged erred by misapprehending the legal doctrine.
B. The sentence of the judgment of the court below on unreasonable sentencing (limited to eight months of imprisonment, two years of suspended sentence, two years of probation, community service, 80 hours of imprisonment) is too uneased and unreasonable.
2. Determination
A. The summary of this part of the facts charged is a person who operates an architectural company under the mutual name of “O”.
On July 31, 2017, the Defendant concluded that “R” in Q, which is operated by the Victim P, would be immediately paid according to the progress rate as the Defendant would receive construction cost if he/she lends the temporary construction materials to five sites, such as S, at the time of Sin interest, during the construction work.”
However, the Defendant, from the beginning, ordered the construction work to be executed in an unreasonable way without the capital, was in a state where the construction work was conducted in a way that offsets the cost of the existing construction site by the cost of another construction site, and the management of the on-site personnel is poor, thereby making the enemy work.