The defendant's appeal is dismissed.

Summary of Grounds for Appeal

On February 7, 2012, the construction details submitted by the Defendant at the time of filing an application for the instant subsidy for the G Park Creation Project (F) was not included in the E Park Creation Project, regardless of the initial E Park Creation Project for the victim Suwondo, and the Defendant did not have committed a deception, and there was no fraudulent act.

Even if there is no causal relationship between deception and the victim's disposal act.

Since the quotation of the construction company, which includes the E Park Construction Corporation, was prepared under the direction of the head of the management office, and the defendant was aware that there was any error in the quotation, it cannot be recognized that the defendant obtained the intention of deceit, and since the subsidy of this case was used or kept for apartment, there is no fact that the defendant obtained the personal profit.

If so, the court below found the defendant guilty even though it cannot be recognized that the crime of fraud is established, such as the intention of defraudation, deception, and acquisition of property profits, and there is an error of misunderstanding of facts.

Judgment

Recognizing the following facts based on the evidence duly adopted and examined by the court below and the trial court:

On February 7, 2012, the Defendant, the president of the council of occupants' representatives of the instant apartment complex, submitted to the victim a business plan, etc. to proceed with the “G Park Creation” project by bringing the project cost of KRW 132 million (including value-added tax), and applied for subsidies under the Ordinance.

On May 30, 2012, the victim decided to grant the subsidy of KRW 46,846,00 to the instant project and notified the Defendant thereof, and paid KRW 28 million out of the subsidy on May 31, 2012.

On October 11, 2012, the Defendant changed the business name to “F Creation Project”, and entered into a contract with Q (K) with the head of the apartment management office as construction cost of KRW 120,100,000 (including value-added tax) to contract the instant construction work.

around that time.