The prosecutor's appeal is dismissed.

1. In light of the circumstances acknowledged by the prosecutor’s gist of the grounds for appeal (definite) and the evidence submitted by the prosecutor, ownership of construction materials (hereinafter “the instant construction materials”) that are damaged goods listed in the facts charged is a victim company D company, and the Defendant is not entitled to ownership or right to dispose of the instant construction materials, and thus, a deception is recognized against the Defendant along with the criminal intent of defraudation.

Therefore, the judgment of the court below which acquitted the Defendant of the facts charged in this case on different premise is erroneous by misapprehending the facts and affecting the conclusion of the judgment.

2. Determination

A. The summary of the facts charged in the instant case is that the Defendant established and operated C Co., Ltd. (hereinafter “C”) for the purpose of manufacturing, selling, etc. of construction materials from April 12, 2001. The Defendant borrowed a large amount of business funds from the victim D Co., Ltd. (hereinafter “victim Co., Ltd.”) in the process of its establishment. On December 2, 2010, C Co., Ltd sold all construction materials to the victim Co., Ltd. for KRW 5,567,511,480, and the victim Co., Ltd. agreed to offset the above payment obligation and the claim against C Co., Ltd. until the said date in lieu of the payment. The victim Co., Ltd. established the F Co., Ltd. for the purpose of manufacturing, selling, etc. of construction materials (hereinafter “F Co., Ltd.”) on December 27, 201.

At the F Company’s office around August 26, 201, the Defendant requested that G, an employee of the said Company, make a request for the lease of construction materials from Company I (hereinafter “I”) operated by the Defendant’s Ha (hereinafter “I Company”), and that the Defendant issued a delivery order to G, and that employees of the F Company, who received the said delivery order, issued the delivery order, are the construction materials, such as 360 environmental fences.