The prosecutor's appeal is dismissed.

1. According to the reasoning of appeal (misunderstanding of facts or misapprehension of the legal principle) and the evidence submitted by the prosecutor, the defendant can be found guilty of being provided a station for construction work to extract aggregate by deceiving the victim as stated in the facts charged in the instant case.

Nevertheless, the judgment of the court below which acquitted the defendant is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment.

2. In full view of the detailed circumstances as stated in its holding, the lower court determined that the evidence presented by the prosecutor alone was related to the Defendant’s deception as stated in the instant facts charged, or the Defendant’s act and the provision of construction work stations by the victim.

For the reason that it is difficult to conclude it, the defendant was acquitted.

In light of the following circumstances revealed by the evidence duly admitted and investigated by the lower court and the lower court’s judgment, the Defendant deceptioned the victim as stated in the facts charged of this case.

It is difficult to readily conclude.

The judgment of the court below to the same purport is just and acceptable, and there is no error of law by mistake of facts or by misunderstanding of legal principles as argued by the prosecutor.

The prosecutor's assertion is without merit.

A. On August 2013, the Defendant: (a) at the time of concluding the instant construction contract with the victim, paid the remainder of KRW 130 million for the payment of KRW 100 million for the remainder of the construction cost; (b) by means of transfer of the claim for deposits for recovery expenses incurred at the instant construction site to the victim; (c) however, if the Defendant obtained permission for extraction of aggregate from the victim in the vicinity of the instant construction site, I decided not to transfer the claim for deposits to the victim.

In order to obtain aggregate extraction permission in neighboring areas, the construction of the construction site of this case should be completed first.

Considering this point, I shall consider this case.