특정경제범죄가중처벌등에관한법률위반(사기)등
The prosecutor's appeal is dismissed.
The summary of the grounds for appeal: In light of the fact that, from April 2012 to September 201 of the same year, the Defendant did not notify G of the fact that he/she invested the borrowed money in F, from around April 2012 to around September of the same year, at the time when he/she borrowed money from G, and that, if he/she fails to recover the borrowed money from F, he/she continues to borrow money from G even in circumstances where it is difficult to recover the borrowed money without sufficient means to repay the borrowed money to G, the Defendant’s intent to commit fraud is recognized.
B. As to the facts charged by the use of the credit card of this case, the defendant led to the confession of this part of the crime at the court below, and there is sufficient evidence to reinforce it, and the criminal intent of the defendant is recognized.
However, the judgment of the court below which acquitted the defendant is erroneous by misunderstanding the facts and affecting the judgment.
Judgment
The lower court determined as follows: (a) the Defendant filed a complaint with F to transfer the sum of at least KRW 1.7 billion to K’s account in the name of F from around 2012 to around 2015; (b) the Defendant appears to have included a considerable portion of the Defendant’s money in addition to the money borrowed from G; (c) the Defendant filed a complaint against F on or around February 2017; and (d) the Defendant made a statement from the investigative agency to the court of the lower court, based on the Defendant’s testimony from the investigative agency to the court of the lower judgment, the Defendant would have been deemed to have been able to repay all damages if he/she believed the horses of F and converted F into F’s real name; (c) G filed a complaint with F in collusion with the Defendant to acquire money, etc.; (c) however, on February 22, 2017, the Defendant prepared an agreement to “the Defendant does not want to punish the Defendant as he/she raised a complaint.”