The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. In full view of the summary of the grounds for appeal (misunderstanding of facts) the victim C’s investigative agency and the court below’s statement, and the Defendant sent the victim a written contract for the construction of DNA buildings (hereinafter “the instant construction”) that the Defendant received as the victim of the instant construction (hereinafter “the instant construction”) to the victim, the Defendant may fully recognize the fact that the Defendant by deceiving the victim as if he could cause the victim to be responsible for the amount of KRW 10 billion electrical construction during the instant construction, thereby deceiving the victim to obtain KRW 25 million from the victim as entertainment expenses for the filial construction employees.

Nevertheless, the lower court erred by misapprehending the facts and acquitted the Defendant of the facts charged.

2. Determination

A. The summary of the facts charged in this case is that the Defendant, on July 2013, 2013, ordered the victim C, who was aware of the fact at an infinite location in Seoul, at the same time, to construct a new D building with the person in charge of effective construction, and approximately KRW 10 billion to charge the Defendant with a large amount of electrical construction.

In order to take charge of the construction work, it was false that expenses are needed to contact filial construction workers, and that deposit KRW 25 million.

However, as the above Corporation selects a contractor through open competitive bidding, the defendant did not have the intent or ability to get the victim to undertake the above construction, and the money received from the victim was used as personal living expenses, etc.

On July 19, 2013, the Defendant was aware of the amount of KRW 25 million under the pretext of entertainment expenses for public interest in order to receive contracts from the injured party.

The E was remitted to the national bank account in the name of E.

Accordingly, the defendant was given property by deceiving the victim.

B. The lower court determined that the amount that the Defendant received from the injured party was paid as compensation for the order of electrical construction among the instant construction works or as entertainment expenses for the filial construction employees.