사기
The judgment of the court below is reversed.
Defendants shall be punished by imprisonment for eight months.
1. The summary of the grounds for appeal (the factual error) was that the Defendants borrowed money from the victim to receive KRW 100 million from the victim, and thus, it was established a crime of fraud because they received KRW 96 million from the victim because it was merely a basic research of the eco-friendly snow removal additives (hereinafter “instant additives”) at the time of borrowing money. Development costs are required. Although the Defendants intended to purchase the factory to produce the instant additives, since they had already been at auction, it was not clear that the Defendants acquired the total ownership of the instant additives and operated it as a factory, and the Defendants had borrowed KRW 100 million as a fund to purchase the factory to purchase the instant additives, they would complete the principal within one month, and would be paid KRW 180 million with interest within two months, and thus have been remitted to KRW 96 million from the victim. However, the lower court acquitted the Defendants. In so doing, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
2. The facts charged and the judgment of the court below
A. Defendant B is the representative director of Company E, and Defendant A is the director in charge of funds of the said Company.
On March 13, 2008, the Defendants purchased H land and factory buildings (hereinafter referred to as the “instant factory”) from Syracac (hereinafter referred to as “Syracacacacacacacacacacacacacacacacs”) in order to manufacture additives for eco-friendly chlocacacium, developed by G which is the F responsible Research Institute, for KRW 1.1 billion.1 billion, the Defendants succeeded to the obligations of foreign exchange banks established in the above factory and factory machinery and agreed to pay KRW 300 million. However, even though the balance of the corporate headcacacacsacsacsacacsacsacacacsacacsacacsacacsacacsacacacacsacacacacsacacacsacacacacac, hereinafter referred to as the “instant plant”).