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The prosecutor's appeal is dismissed.
Reasons
1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, the court below erred by misapprehending the facts in finding the Defendant not guilty of the charges of this case, even though the Defendant said that “the Defendant would allow the Defendant to complete construction until March 2013 and sell it in lots,” and that the Defendant did not have the intent and ability to complete construction until March 2013.
2. The lower court determined, in light of the following: (a) the Defendant obtained a loan as collateral for the above red residential housing site around January 2013; (b) the scheduled date for completion of the loan application is specified within six months from the date on which the loan is handled; and (c) C did not consistently state the time the construction is completed in this court; and (b) the Defendant’s completion of construction until the end of March 2013.
Whether or not there is any doubt as to whether or not it is, but it is for the household affairs.
Even if the defendant received a loan of KRW 2.1 billion in relation to the above construction work on January 2013, and the above money is insufficient as construction cost.
It is not visible that the defendant has written the loan on another site, not on the construction site of this case.
There is no evidence to see that C had a statement to that effect from the Defendant.
In light of the fact that the Defendant had no intention or ability to complete the instant construction work until March 2013, 2013 and the victim extended additional money to the Defendant even on March 14, 2013, the Defendant did not have any intention or ability to complete the instant construction work until March 2013.
It is insufficient to conclude it, and it was pronounced not guilty on the grounds that there is no other evidence to acknowledge it.
The judgment of the court below is closely examined by comparing it with the evidence records, and in addition, ① The defendant, the representative of K Co., Ltd., F and the victim, the joint business proprietor of the Hongsung residential housing, on March 2013.