A. 1) There was no fact that there was no fact that the Defendant’s fraud part of the transfer fraud of the Esing room (hereinafter “the instant singing room”) on the part of the Defendant, saying that the Defendant would have paid the victim the proceeds of at least KRW 10 million per month.

Since a person who received singing money from a victim is not the defendant but F, there is no fact that the defendant has obtained a profit.

2) Since the Defendant had the intent and ability to repay 90 million won at the time of borrowing the borrowed money from the damaged party, there is no intention to acquire the borrowed money by fraud.

B. The punishment of the lower court is heavy.

2. Determination

A. 1) Comprehensively taking account of the evidence examined by the lower court relating to the fraud of the instant singing transfer, the following facts and circumstances are acknowledged.

The fact that the defendant, by deceiving the victim, acquired money in the name of the singing transfer price of this case may be recognized based on it.

(1) The victim, at the investigative agency and the court of the court below, “The defendant operates 10 singes, and operated the instant singing room, thereby resulting in the profit of KRW 10 million per month.

If the victim takes over and operates the instant singing, he/she would be able to impose profits of KRW 10 million per month.

was said to mean “.......”

At the time of the transfer of the instant singing by Defendant India and the instant singing, the Defendant, while operating the instant singing room, was punished by the Defendant’s profits of KRW 10 million per month.

The facts are recognized (see, e.g., 285 investigation records). (2) However, the instant singing book was operated by the Defendant and transferred the name of F to F because it was not repaid KRW 200,000,000,000 from F. The Defendant’s operation and payment of the profits was made to F. However, the profits that the Defendant paid to F was limited to KRW 2,50,000 per month from May 201 to September 2010 (see, e.g., e., see, e., investigation records).