사기
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (misunderstanding of facts) has already been under the situation where the Defendant had already borne the obligation of KRW 1 billion due to the operation of the instant system at the time of operating the instant system, and operated the system in such a way as to exempt the Defendant from the payment of the accounts by joining another system and paying the debts that have already arrived at the due date in the form of “return prevention” after operating several systems.
Even in the instant fraternity, there is a member of the fraternity who was exempted from the payment of the fraternity due to the failure of the fraternity from the other fraternity, and the Defendant is obligated to pay the fraternity on behalf of the fraternity, and the Defendant already had the financial ability to pay the fraternity on behalf of the fraternity.
Nevertheless, the Defendant’s act constitutes fraud inasmuch as there was a deceptive act by the Defendant, a mistake by the victims, and the subsequent payment of the subscription money, in that the Defendant received the normal payment from the victims by hiding all such circumstances.
In light of this, the first instance court rendered a not-guilty verdict on all the facts charged of this case, thereby misunderstanding facts, thereby affecting the conclusion of the judgment.
2. In full view of the facts and circumstances acknowledged by the evidence duly admitted and investigated, the first instance court found the Defendant not guilty of the facts charged in this case on the ground that it was impossible for the Defendant to pay the victims a mutual aid payment for each of the instant fields of accounts ex post facto due to the Defendant’s failure to pay a considerable amount of mutual aid money, and the Defendant’s method of operating the Defendant’s fraternity at the time of the victims’ accession to each of the instant fields of accounts cannot be concluded to have had the intent or ability to pay a mutual aid money normally even if the Defendant received a mutual aid payment from the victims.
1 Decision 1.