The prosecutor's appeal is dismissed.

1. Comprehensively taking account of the evidence submitted by the prosecutor of the gist of the grounds for appeal, it is recognized that the defendant, in collusion with A as stated in the facts charged in the instant case, deceiving the victim I into deceptions KRW 55 million.

However, the court below acquitted the charged facts of this case on the ground that there is no proof of crime.

Therefore, the court below erred 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 the official director, F’s representative director, and the Defendant is the head of H(H) (hereinafter “H”).

Since there was no fact that A, F, and (State) E had been ordered from H to do so in the Seo-gu Incheon Seo-gu, Incheon, the Defendant expressed that I will give a subcontract to I even though I did not have the intent or ability to enter into a subcontract with the said Tball Corporation, and that I will receive and divide money as the form of rebates.

On March 28, 2006, F presented the power of attorney of J representative director, who used H’s employee identification at the (ju) G office located in G in Gwangju Northern-gu without the authority of H, to “The amount of KRW 100 million is changed to “..........., I entered into a subcontract with I” on March 29, 2006, and A delegated F with I in the currency of I on the same day.

The Defendant, together with A and F, by deceiving I as such, was transferred from I to L’s account on March 28, 2006, KRW 5 million, and KRW 20 million to Defendant F and A’s account on March 29, 2006, respectively, and KRW 10 million to L’s account.

Accordingly, the defendant was given property by deceiving I in collusion with A and F.

B. (1) According to the evidence and records duly adopted and examined by the court below, the following facts or circumstances are acknowledged.

㈎ A은 2006. 2.경 피고인의 추천으로 H로부터...