All appeals filed by the prosecutor against the Defendants are dismissed.

The summary of the grounds for appeal (based on factual errors and misapprehension of legal principles) is that the Defendants used the construction cost for other purposes, the amount of the construction cost is merely KRW 250 million, and the Defendants received false confirmations from the subcontractor and provided them to the victims, the court below rejected the evidence submitted by the prosecutor without reasonable grounds by misapprehending the legal principles against mistake of facts and rule of experience, based on the appraised amount submitted by the Defendants, and acquitted the Defendants.

Judgment

The summary of the facts charged in the instant case was known by Defendant C on October 2012, 201 that the Victim G (40 years of age) tried to block urban residential housing on the site of the Haan-si, Y.

Defendant

C received the construction cost by deceiving the victim, and it was thought that it was appropriated for the construction cost of the officetel which was newly constructed as Defendant B.

Accordingly, Defendant C introduced Defendant A, who will act as a construction business operator through Defendant C, and Defendant A, according to Defendant C’s instruction, shown that the victim would faithfully perform the new construction work, and received the construction cost, and decided to immediately transfer it to Defendant B, and Defendant B received the money in accordance with Defendant C’s instruction.

On October 5, 2012, the Defendants introduced Defendant C and Defendant B as a construction business operator at the H site office in Haan-si, Haan-si. Defendant A, upon receipt of construction payment from the victim, had the same attitude as Defendant A would normally use the construction payment from the victim in the said Y site construction work. Accordingly, the Defendants entered into a contract with the victim for construction work.

As seen above, the Defendants deceptiond the victim as to November 1, 2012, KRW 40 million from the victim, KRW 30 million on October 16, 2012, KRW 230 million on October 23, 2012, KRW 30 million on November 15, 2012, KRW 20 million on November 17, 2012, KRW 20 million on November 28, 2012, and KRW 15 million on November 28, 2012.