The prosecutor's appeal is dismissed.

1. According to the summary of the prosecutor’s grounds of appeal, the victim and the victim’s statement, etc. who arranged a subcontract agreement between the victim and the defendant, who had been at the site and the H and the victim, believed that the victim will start construction around March 2009, as they belong to the defendant, etc., and concluded the subcontract agreement. However, the evidence submitted by the prosecutor alone did not notify the defendant of the fact that the order of construction suspension was issued by the intent to acquire KRW 500 million, and made a false statement about the time when construction

The court below erred by misapprehending the fact that it was insufficient to recognize the fact that the victim provided KRW 500 million to the defendant by deceiving the victim.

2. Determination

A. The summary of the facts charged in the instant case is the representative director of a limited liability company E (hereinafter “E”) that runs the business of installing water supply and sewerage systems, and the victim D is the representative director of K Co., Ltd. (hereinafter “K”) that runs the business of selling aggregate, disposing of waste, etc.

LIG construction was awarded a contract of KRW 38 billion for LIG construction (ju), dry comprehensive construction (ju), Maritime Integrated Construction, and Ondo Light Construction (hereinafter referred to as “LIG construction, etc.”). LIG construction, etc. awarded a subcontract of KRW 27.45,2275,00 for removal and waste disposal construction among them.

However, upon the request of LIG construction due to the lack of relocation measures and failure of relocation of residents, the construction project was in the state of suspension of construction works on October 23, 2008, and it was difficult to estimate at any time when the construction is resumed.

The subcontracting contract between E and LIG Construction is paid for construction works according to the flag ratio, and the site management expenses are borne by E, and the management expenses to be paid to LIG Construction in early September 2008 were under pressure on financial pressure for KRW 185 million, and the construction is suspended as above.