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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. It is true that Defendant 1) With respect to the fraud against the victim E, it is true that the victim E engaged in the excavation work equivalent to KRW 14.3 million for the construction cost from August 6, 2012 to September 16, 2012.
However, in light of the work log submitted by the victim E, P of the site site manager of the N Co., Ltd. (hereinafter “N”) that entered into the construction subcontract with the Defendant can be seen as confirming the fact of the victim E’s work.
Therefore, the construction cost for victims E should be paid from N.
However, since N does not commence construction immediately, F, who had a field manager of the defendant, had the victim E perform part of construction work.
When the victim E claimed construction cost, the defendant only tried to settle the dispute in good faith regardless of civil claims.
Therefore, the defendant does not acquire the pecuniary profit equivalent to the construction cost by deceiving the victim E.
B) As to the fraud against the victim G, N’s employees and his/her husband provided meals in the restaurant of the victim G. The N did not properly pay meal costs to the victim G, left the construction site without paying meal costs, and the victim G asked the victim G to pay meal costs to the Defendant. The victim G merely intended to pay meal costs to the Defendant by filing a civil petition with the competent agency and interfering with the construction. Therefore, the Defendant did not defraud the victim G with pecuniary benefits equivalent to the meal costs. (C) As to the fraud against the victim J, it is true that the Defendant agreed with the victim J about the timber construction.
However, U.S. actually performed the construction work, not the victim J.
The victim J demanded the payment of excessive construction cost more than one Corporation, and the defendant was faced with difficulties to agree with the victim J.