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The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
1. Summary of grounds for appeal;
A. The judgment of the court below which found the defendant guilty of the facts charged in this case without deceiving the victims, and there is an error of misconception of facts in the misapprehension of the legal principle.
B. The penalty of the lower judgment on the grounds of unreasonable sentencing (one million won by fine) is too unreasonable.
2. The summary of the facts charged in this case is that the Defendant engaged in artificial fishery in the name of "D" in Busan Seo-gu C and 201, and that he was in a partnership relationship with "D," but the Defendant and E conspired to subcontract part of the construction work or to receive materials by deceiving the victims even though they did not have any intent or ability to pay the cost even if they were to subcontract part of the construction work or receive materials from the victims.
On April 2013, the Defendant and E made a false statement to the victim G by phone call at a place where the location is unknown, and thereby, the Defendant and E obtained the same amount of financial benefits as the Plaintiff did not pay the construction cost as the completion of the construction work on the housing site F in Busan H by February 2014. The Defendant and E obtained the same amount of financial benefits because they did not pay the amount of KRW 15 million to the victim G.
B. On July 2013, the Defendant and E against the victim J made a false statement to the victim J that “on the completion of the construction work of the house page located in the Seosan-gu F, Seosan-gu, that it would pay the construction cost as soon as the construction is completed,” and that she shall have the victim complete the printing work at the construction site of the first and second floor of the commercial building located in Busan-gu, Busan-gu, and the first and second floor of the commercial building located in H until February 2014, and the first and second floor of the commercial building located in the Nam-gu, Busan-gu, Busan, and KRW 17.9 million.