사기
The prosecutor's appeal is dismissed.
1. According to the summary of the grounds for appeal and I's statement, although the defendant could fully recognize the fact that he had by deceiving the victims as stated in each of the facts charged in this case, the judgment of the court below which acquitted the defendant, there is an error of misunderstanding of facts.
2. Determination
A. A. Around March 22, 2013, the summary of the facts charged: (a) the Defendant: (b) at the “F cafeteria” located in Busan District, Busan District; (c) “Around March 22, 2013, the Defendant provided a false statement to the victim C that “In the Republic of Korea, it is possible to place an order to give an order to the system because he knows the president, etc. of the G company well; and (d) the Defendant was paid the above KRW 20 million for the repayment of his obligation and the payment of monthly salary to employees; and (c) the Defendant did not have the intent or ability to use the said money as operating expenses. The Defendant acquired the money from the victim to the account in the name of the Defendant on April 24, 2013, totaling KRW 20 million from the victim to the account in the name of the Defendant; and (d) the Defendant, on January 16, 2013, borrowed the money from the phone card to the effect that “on March 16, 201.
However, at the time, the defendant did not have any special revenue, so even if he borrowed the borrowed money from the victim, there was no intention or ability to repay the borrowed money.
As above, the Defendant, by deceiving the victim, received 3 million won from the victim to the Agricultural Cooperative Account under the name of the Defendant on the same day, and received from May 9, 2013 the total amount of KRW 20 million from the time to May 9, 2013, as shown in the separate crime list, and acquired it by deceiving the victim.
B. The lower court determined that the Defendant’s assertion (i.e., the money that the victim gave to the Defendant was paid in the course of engaging in a trade or collaboration in order to believe the Defendant’s business ability to receive orders and to receive considerable benefits.