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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 fact that the defendant deceivings the victim without intention or ability to pay the equipment cost in time is recognized by deceiving the victim to acquire the equipment cost of 39,882,50 won.
Nevertheless, the judgment of the court below which acquitted the charged facts of this case is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.
2. Determination
A. On December 26, 201, the Defendant: (a) made a false statement to the victim E, who actually operates D companies; and (b) made a false statement to the victim E, who provides mid-term rental service; and (c) “When the construction work of the factory site construction site in the Gimcheon-si, would have been carried out with a mid-term equipment at the construction site construction site construction site in the Gimcheon-si, the Defendant would necessarily pay the price.”
However, the Defendant had a debt equivalent to KRW 4,228,00,000 at the time, and even if the construction cost was paid from G as the contractor of the said construction, he thought that it was not paid to the victim, but used as unpaid oil expenses, etc., so there was no intention or ability to pay the cost of equipment from the beginning to the victim.
Ultimately, even though the Defendant deceivings the victim as above and caused the victim to do so from December 27, 201 to May 14, 2012, the Defendant did not pay KRW 39,882,50 of the equipment cost.
B. The lower court acknowledged the following facts. (A) On August 30, 2011, the Defendant contracted the construction of the factory site in Taecheon-si, Kimcheon-si, for the construction cost of KRW 140,000,000 in the construction cost of Taecheon-si, Kimcheon-si (hereinafter “Taicheon-si Development”), and suspended construction on the wind detained during the construction, and received KRW 33,700,000 as the construction cost by July 24, 2012.
(Investigation Records 43-44 pages) B B around December 26, 2011, E contracted by the Defendant for a project for cleaning stacks, etc. at the construction site, and up to May 14, 2012.