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The prosecutor's appeal is dismissed.
Reasons
1. According to the statement of the victim in the summary of the grounds for appeal, although the defendant could sufficiently recognize the fact that he had taken money by deceiving the victim in collusion with A, the court below found the defendant not guilty of the facts charged of this case. The court below erred by misunderstanding the facts and thereby affecting the conclusion of
2. Determination
A. The summary of the facts charged of this case is that the Defendant and A did not have the ability to receive orders for the construction of modern living facilities located in the Si/Gun/Eup located in the petition-gun, and even though they did not have the intent or ability to execute the construction even if they received the house house, the Defendant introduced the victim D to A, and A conspired to receive money and valuables from the victim as if they could have received the completion of the construction work by falsity as they could have received money and valuables
On July 25, 2010, the Defendant and A made a false statement to the victim D, stating that “When the Defendant and A wanted to receive construction from the third floor to the seventh floor of the neighborhood living facilities located in the Dong-gu Daejeon-gu, Daejeon-gu, Daejeon-gu, the Defendant would have the victim D receive construction from the third floor of the neighborhood living facilities located in the Dong-gu, Daejeon-gu, Seoul-do, and would have the victim receive construction from the third floor of the neighborhood living facilities, the amount of KRW 200,000,000,000,000.” However, us would be a bad credit holder and have no funds, thereby obtaining necessary funds.”
In collusion with the Defendant and A, by deceiving the victim as such, obtained one credit card from the victim on July 27, 2010 and obtained a total of 8,330,000 won, using one credit card in the victim’s name, and acquired property profits equivalent to the total of 13,736,520 won from around that time to August 13, 2010, and acquired and acquired property profits or property in the amount of 13,736,520 won as stated in the attached list of crimes in the judgment below.
B. The lower court’s judgment is insufficient to recognize that the Defendant conspireds with A by making statements in the victim’s investigative agency and the court of the lower court in collusion with A, and otherwise recognized the facts charged.