The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. The construction will be completed by April 2012, even though the Defendant was insolvent (non-indicted).

It means that the defendant would construct a factory on another site to the victim on April 2012.

In light of the fact that the court below found the defendant guilty with regard to the fraud of additional KRW 45 million, the defendant had the criminal intent of defraudation.

may be seen.

However, the lower court erred by misapprehending the fact that the lower court rendered a not-guilty verdict on the fraud of KRW 25 million among the facts charged in the instant case in October 201, and thereby adversely affected the conclusion of the judgment.

B. The sentence sentenced by the lower court (six months of imprisonment, two years of suspended sentence) is too unfluent and unfair.

2. Determination

A. The summary of the judgment on the assertion of mistake of facts (not guilty part) 1) The Defendant’s room of the public Prosecutor’s office was asked from the victim G who sought a new site for factory at the J real estate office located in the Gyeong-gun, Chungcheongnam-gun, North Korean War on October 201.

In addition to the land value, 430 million won is the first 70 million won, and if the second 360 million won is the case, the remaining 360 million won is the public corporation and the loan is appropriated for the purchase price by receiving a direct loan after the end.

I will complete the construction by the end of April 2012.

On the other hand, even if the permission is obtained first, the transfer of the non-25 million won can not be done.

The phrase “ makes a false statement.”

However, the defendant did not have the intention or ability to perform the permitted work even if he received the money from the victim or to complete the construction by the end of April 2012.

On October 28, 201, the Defendant received transfer of KRW 12 million to the post office account under the name of K on October 28, 201, KRW 6 million to the same account on the 31st of the same month, and KRW 25 million to the same account on November 18, 201.

This is the defendant.