The judgment below

Defendant C and D shall be reversed.

Defendant

C and D are not guilty. The appeal and prosecutor of the defendant A and B are not guilty.

1. Defendant A’s part

A. The summary of the grounds for appeal (1) is as follows: (a) mistake of facts and misapprehension of the legal principles (the part concerning the facts charged in the original judgment). In light of the following reasons, the lower court erred by misapprehending the facts of this part of the facts charged, or by misapprehending the legal principles on the causal relationship between the intent to commit a crime of fraud, deception and deception and disposal.

① The Defendant in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) concluded the instant construction contract with the victim R (hereinafter referred to as “victim”) by deceiving the victim R (hereinafter referred to as “victim”) to the effect that “the construction-related subsidy of KRW 280 million is KRW 190 million,000,000,000,000, which is paid as a subsidy, and the intermediate payment is paid as a self-payment, and the balance is paid after the completion of the instant factory,” and the construction cost was determined as KRW 815,00,000,000, and the victim did not enter into the instant construction contract by deceiving the victim as “the Military Administration has a subsidy of KRW 80,000,000,000,000,000,000,0000,000,000,000,000,000 won.”

In addition, even if the defendant's deception is recognized, the victim also entered into the instant construction contract with the knowledge that the defendant can receive a loan or receive an investment, and thus the causal relationship between the defendant's deception and the victim's disposal is not recognized.

② The Defendant paid KRW 230,000,000 to the victim for the payment of the contract amount to KRW 200,000,000 to the victim and borrowed KRW 30,00,000 to the corporation. That is, the Defendant is due.