사기
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is that the defendant merely borrowed money from F, and the victimD was deceiving, thereby deceiving 5 million won.
In addition, it was impossible to pay the money by being detained by the party after borrowing one money, and because F repaid the money to the victim D while being detained, there was no intention to obtain the money by fraud.
Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.
2. According to the evidence duly adopted and examined by the court below, the defendant can be found to have acquired 5 million won from the victim D as stated in the facts charged.
Therefore, the defendant's assertion is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition, since the defendant's appeal is without merit.