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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is that even if the victim and K made a false statement different from or ambiguous from some facts in the court, the credibility of the statement shall not be easily rejected. In light of the above victim and K's respective statements and objective circumstances, the judgment of the court below which acquitted the Defendants, even though they recognized the Defendants' criminal intent of conspiracy and deception, is erroneous in the misapprehension of facts.
2. Determination:
A. The summary of the facts charged is that Defendant A operated F Co., Ltd. F (hereinafter “F”) with the main business of dredging, and F was a company in preparation for an application for a provisional disposition of suspension of construction against GS construction in order to obtain dredging subcontracting with respect to the construction work of GS Construction Co., Ltd. (hereinafter “GS Construction”).
In addition, F is allowed to use the lodging and restaurant in which F is trying to operate the truck articles, which are regularly transported in F, with the right of commercial transport only after receiving a dredging subcontract from GS Construction. As such, the Defendants were aware of the fact that there is a high risk of actual danger as it was in preparation for a provisional disposition lawsuit due to the lack of dredging from GS Construction, and thus, the Defendants were aware of the fact that it was in the process of preparation for a provisional disposition lawsuit, thereby having the victim G with the “right of accommodation operation” from GS Construction, thereby having the victim’s money.
Defendant
B found at the victim's house located at the Sinju-si in early March 2010, and "A, a person who is a person who has a right to operate a lodging in the Geum River 4 River, is operating it by leasing the above right to operate a lodging house from GS Construction, so it is possible to receive a right to operate a lodging house and provide a dump truck engineer with a lodging house. In this case, when investing KRW 40 million in one month, he/she would be responsible if he/she fails to impose a fine of KRW 78 million in one month."
In addition, the Defendants, around March 10, 2010, shall be determined by the JJ (J) around 10, 201.