특정경제범죄가중처벌등에관한법률위반(사기)
The defendant's appeal is dismissed.
1. The summary of the defendant's grounds for appeal is that the amount of KRW 1 billion, which the defendant received from the victim to the FF account, is of the nature of the investment amount, and therefore the civil bond relationship or the settlement between partners cannot be applied to fraud in this case. Even if the loan was made, the defendant did not have the intent to deceive the victim and did not have the intent or ability to repay the amount of KRW 1 billion to the victim. Thus, there was no intention to commit fraud.
2. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the lower court’s judgment that found the Defendant guilty of the instant facts charged is justifiable, and the Defendant’s above assertion is without merit.
① As long as the Defendant received KRW 1 billion from the victim a provisional attachment of an amount equivalent to KRW 700 million established in the factory site from the bank and received additional loans from the victim within three months, regardless of whether the Defendant was an investment bond or a loan, the Defendant shall pay the victim KRW 1 billion within three months in accordance with the agreement.
② Meanwhile, at the time of the instant case, there is almost no cash possessed by the Defendant or the Defendant except for the factory building which is a security for the Defendant to obtain additional loans from the bank and the factory building which is being constructed later on the ground, and later completed later, there is almost no cash possessed by the Defendant or the Defendant, but there is no debt amounting to approximately KRW 3.5 billion and there is no ability to repay one billion to
③ However, the provisional attachment authority of the factory site at the time of the instant case and the Defendant, who was in the main lawsuit, was well aware of the fact that the factory site was unable to obtain additional loans as security unless the provisional attachment was cancelled, but was used as operating expenses of other businesses without releasing provisional attachment of the said KRW 1 billion, unlike the horses made by the victim.