The prosecutor's appeal is dismissed.

1. According to the summary of the grounds for appeal (misunderstanding of the facts), the evidence submitted by the Prosecutor submitted by the Defendant and his accomplice H, as the Defendant and his accomplice entered into a contract for the purchase of machinery and equipment and scrap iron between Lone Star Co., Ltd. (hereinafter “Lone Star”) and Lone Star C through J, deceiving the victim’s representative M on September 24, 2014, and the Defendant operated on September 24, 2014.

G Co., Ltd. (hereinafter referred to as “G”) may enter into a sales contract and fully recognize the fact that KRW 500 million was paid on September 29, 2014.

However, the judgment of the court below which acquitted the charged facts of this case is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

2. Determination

A. The summary of the facts charged in this case is the defendant who is the chairperson of G, and H are the vice-chairpersons of the above company.

Around September 24, 2014, G office located in Gangnam-gu Seoul Metropolitan Government I entered into a contract with the victim L's agent M by attending H and K along with the head of the headquarters to conclude a regular contract between G and L's agent for purchase of machinery and equipment and scrap iron between G and L's C, and among which, among which, the fixed-term contract has been entered into between G and L's agent L's L's agent (hereinafter referred to as "registered construction") entered into a purchase contract with L's name at KRW 5 billion from G (hereinafter referred to as "instant contract"), and received KRW 100 million from the injured party to the new bank account in the name of G on September 29, 2014, and received KRW 400 million in total from the Korean bank account of N's name to transfer KRW 50 million from the Korean bank account of N law Firm.

However, the fact is that G does not have a regular contract for the sale of machinery and equipment and scrap metal between G and Lone Star C, and there is no particular property or income, and there is no financial ability to purchase the machinery and equipment and scrap metal from Lone Star C from 21 billion won due to lack of any other property or income, and therefore there is no intention or ability to sell the scrap metal again to the victim for 5 billion won.

Nevertheless, H, which was conspired with the defendant, is to J.