사기
All of the appeals by prosecutors are dismissed.
1. The grounds for appeal (based on factual errors, misunderstanding of legal principles) stated that when Defendant A borrowed KRW 50 million from the victim on September 8, 2016, and KRW 40 million on September 9, 2016 (hereinafter “the instant money”), Defendant A made a false statement as if the victim would have repaid the government subsidies related to the business of North Korea or the time limit for payment to be received in the future. The judgment of the court below that acquitted Defendant A of the facts charged is unreasonable, since Defendant B assisted Defendant A to commit the said fraud, by notifying the victim of an important fact that could have decided whether to grant a loan for consumption or not.
2. The prosecutor also argued to the effect that the above reasons for appeal were the same in the court below. In light of the records of this case, the following facts and circumstances revealed in light of the records of this case: ① the victim refused the request of Defendant A to lend money; ② the victim lent the money in this case after receiving text messages stating the Defendant B’s intent to repay the Defendant’s debts to the victim; ② there is no evidence to deem that the victim was entitled to receive government subsidies equivalent to the actual assertion; ③ the victim and the Defendant did not prepare a loan certificate or settlement document; ③ it is difficult to deem that the exact amount of claims and obligations between the victim and the Defendant was confirmed because they did not prepare a loan certificate or settlement document; ④ the Defendants paid or deposited money to the victim; ⑤ there is insufficient materials to readily conclude that the victim and the Defendant did not have sufficient ability to repay the amount of borrowed money to the victim in consideration of the size of the property owned by the Defendants; ⑤ the relation between the victim and the Defendant could have understood the amount of assets between each other for a long time.