사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
1. The gist of the grounds for appeal by the prosecutor is as follows: in light of the victim D's statement and the statement of cash custody certificate in the name, etc., the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment, although the defendant was found to have obtained money from the victim as stated in the facts charged.
2. Summary of the facts charged and the judgment of the court below
A. The summary of the facts charged in this case is as follows.
On November 2013, 2013, the Defendant: (a) lent KRW 190 million to the victim D from the mutual infinite coffee store located in Gangnam-gu Seoul Samsungdong, the Defendant acquired the mine and received the loan from the financial institution and repaid the loan until December 5, 2013.
However, the defendant did not have any property, there is no particular income, and there is no fact that the mine is taken over or the mine is operated, and because it is not a situation in which a financial institution can receive a loan from a financial institution, there was no intention and ability to repay money from the victim.
Ultimately, on November 5, 2013, the Defendant received KRW 30 million from the victim to the foreign exchange bank account in the name of the Defendant E Co., Ltd. (hereinafter “E”) operated by the Defendant (hereinafter “E”) for the purpose of mining business funds, and received remittance of KRW 160 million to the same account on November 6, 2013.
In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.
B. As to the foregoing, the lower court clearly knows the following: (a) with respect to ① [the part of KRW 30 million on November 5, 2013], the Defendant did not transfer KRW 30 million to the Defendant, which falls under the Defendant’s deception, such as the facts charged, due to the Defendant’s deception; and (b) D seeks to run a mine business by using a loan in the name of F Co., Ltd. (hereinafter “F”).