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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the facts charged is a person who had been serving as a presiding official in C Yang-si Government.
On August 2012, 2012, the Defendant: (a) in a so-called “the victim E” in which it is difficult to know the trade name in Gyeyang-gu Incheon, Gyeyang-gu, Incheon; (b) the victim E was friendly with the incumbent member of the National Assembly, Yang-ju market, the president of the Korea Facilities Management Corporation, etc.; and (c) at the request of the president of the Yangju City Facilities Management Corporation, the Defendant stated that the children are employed to the Korea Facilities Management Corporation for Yangju-si; and (d) thereafter, the Defendant believed the victim’s horses as they are.
On October 2012, the Defendant said that the Defendant would bring about the curriculum vitae of her children to the early police officers, and said that money would be needed for the victim’s employment. The Defendant said that money would be necessary for the victim’s employment.
However, even if the defendant received the above money from the victim, he did not have the intent or ability to employ the victims to the Korea Facilities Management Corporation.
Nevertheless, the Defendant received KRW 24 million from the victim to the Agricultural Cooperative Account in the name of F, which is the branch on October 5, 2012, and acquired it by fraud.
2. The lower court rendered a judgment on the ground that it is difficult to readily conclude that the Defendant acquitted the Defendant on the ground that the evidence submitted by the prosecutor alone, “ even though the Defendant referred to in the employment issues of the Victim’s two-way Facilities Management Corporation while taking advantage of one’s own connection to the victim, the Defendant deceivings the victim as if it is necessary to engage in money in the employment of the Victim’s two-way Facilities Management Corporation, and the victim gave KRW 24 million to the Defendant.”
3. According to the evidence submitted by the Prosecutor, even if the defendant receives money from the victim, he/she shall be employed by the Korea Facilities Corporation in both cases.