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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (misunderstanding of facts) was as stated in each of the facts charged in this case by deceiving the victim and deceiving the money, and forged one copy of the sales contract in the name of the Co., Ltd. I and exercised it.
Nevertheless, the judgment of the court below which acquitted all of the charges of this case is erroneous in finding facts.
2. Summary of the facts charged
A. On January 20, 2009, the Defendant: (a) stated on January 10, 2009, that “A” to the victim E in Daejeon-gu Daejeon-gu, Daejeon-gu, the Defendant: (b) was the overall director of the FF corporation; (c) around five (5) years from the gas blocking budget with the gas blocking budget to the 16 public offices in Chungcheongnam-nam-gu; and (d) was false to the G that engaged in business activities so that the said budget can be compiled against the public offices in Chungcheongnam-nam-gu; (b) KRW 50 million from the compensation cost to the public office; and (c) thereby, the Defendant supplied the H products to the public offices in Chungcheongnam-nam-gu; and (d) obtained profits from the supply of the H products.”
However, the facts are that the defendant is not a regular employee of FF Co., Ltd. but a person engaged in gas blocking business. 50 million won, which is compensation for business activities of F Co., Ltd., was determined voluntarily by the defendant, and 20 million won among them was thought to have been the defendant.
On January 20, 2009, the Defendant, by deceiving the victim and deceiving the victim, received 50 million won from the victim to the agricultural bank account in the name of F Co., Ltd. under the name of the F Co., Ltd. as compensation to be paid to G in return for the monopoly of H sale rights in the Chungcheongnam-Nam area. The Defendant acquired 20 million won among them.
2) On July 21, 2010, the Defendant, on July 21, 2010, sold the J, which is the gas block goods produced in I, at the victim E’s office located in Daejeon Jung-gu Daejeon-gu, Daejeon-gu, to the public office. As such, both H and J may be supplied to the public office, the Defendant changed the down payment of KRW 10 million and made a false statement.
However, the defendant requested I to conclude a sales contract at that time.