The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

According to the records, the court below acquitted the victims of all the charges of this case, although the defendant could be recognized that he had taken the goods supplied from April 1, 2011 to November 4, 201 of the same year or from the first default date ( November 7, 2011) operated by the defendant at least one month to three days prior to the date of the first default of the FF operated by the defendant, and the court below acquitted the victims of all of the charges of this case. Such judgment of the court below is erroneous in the misunderstanding of legal principles and misunderstanding

The summary of the facts charged is that the defendant is the representative director of the F Co., Ltd. (hereinafter referred to as “F”), a heating and cooling facility business or fire fighting facility business in Bupyeong-gu, Nowon-gu, Seoul. The defendant's company, which is operated by the defendant, made a false statement that he/she would pay for the materials within the period agreed upon by the victims, even if he/she did not have any intent or ability to pay the materials even if he/she received the materials from the customer due to the lack

Therefore, it received heating and cooling equipment and fire-fighting equipment and materials from the victims at the construction site designated by the defendant, and made the above company receive the property.

On April 1, 2011, in the construction site of H apartment located in Nam-si, Namyang-si, received the materials equivalent to KRW 478,085,459 in total from the victim I (J representative director of the Co., Ltd.) to receive KRW 24,721,629 at the market price and received KRW 30,849 from the victim I (PVC) until November 4, 201.

On April 1, 2011, K apartment construction site located in Sejong-si and received 12,720 points from victims L (the representative director of M Co., Ltd.) to supply equipment materials, such as 13,561,662 won at the market price, and acquired 385 times until November 2, 201 of the same year by acquiring materials equivalent to 3,139,719,166 won.

On June 27, 2011, the victim P. at the construction site of the N Hospital located in Masung-si.