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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. In relation to the fraud against the victim K, there is no fact that G was involved in the crime by acquiring steel materials from the victim K by acquiring them from the victim K.
B. The punishment of the lower court (one-year imprisonment) is too heavy or unreasonable.
2. Determination
A. In full view of the following circumstances revealed by the evidence duly adopted and investigated by the lower court regarding the Defendant’s assertion of mistake of facts, the lower court fully recognizes the fact that G was involved in the crime by deceiving the Victim K and receiving steel materials equivalent to KRW 145,723,852 from the Victim K, and by deceiving the Defendant.
Therefore, the judgment of the court below is just and acceptable, and the defendant's allegation of mistake is without merit.
① Around March 2014, K received a proposal from G and U to take charge of overall control over the preparation of a written estimate and construction work.
B. B. (States) supply steel materials to I, and the Defendant seems to have never existed at the time.
However, the above G consistently states that it would receive instructions from the investigative agency to the court below, or that it would receive steel-frames from the victim K to provide funds in consultation with the Defendant (No. 64, 224 pages of investigation records). Therefore, it cannot be readily concluded that the Defendant was not involved in the instant crime solely on the ground that the Defendant did not leave the place where the Defendant entered into a contract for the supply of steel-frames with the victim K.
② The above U decided that “G and the Defendant (ju) will jointly perform the construction work by receiving a subcontract from (ju)M to perform the steel framed production and installation work ordered by the Gunsan City on behalf of the G and the Defendant (ju) I.
“The instant case.” (No. 2, No. 37, and hereinafter referred to as “Investigation Records”).