사기
The prosecutor's appeal is dismissed.
1. The summary of the grounds of appeal (based on factual errors) stated in the special terms and conditions of the lease agreement that “a lessee shall accept any balance and register the full repayment and cancellation of the establishment of the right to collateral security.” The victim F also stated that “the defendant believed that he would cancel the right to collateral security created on the building with the remainder of the remainder and paid the deposit for lease; ② the defendant believed that he could cancel the right to collateral security under an agreement with H Co., Ltd. (hereinafter “H”) even if he was notified of the seizure of the right to collateral security established on the building upon receipt of the remainder of the balance; ③ the defendant used the lease deposit received from F for the cancellation of the right to collateral security without using it for the cancellation of the right to collateral security; ④ the defendant believed that the right to collateral security was cancelled without notifying F of the fact that the defendant did not cancel the right to collateral security, as stated in the facts charged in the instant case.
However, the judgment of the court below that acquitted the defendant is erroneous.
2. Determination
A. In full view of the fact that the Defendant did not notify F of the fact that H was unable to cancel H’s right as agreed upon after receiving the lease deposit from F for a considerable period of time after receiving the lease deposit, the lower court found the Defendant not guilty on the ground that the evidence submitted by the Prosecutor alone is insufficient to recognize the facts charged of the instant case, and that the Defendant was not guilty, in full view of the fact that the Defendant used the aforementioned money as repayment of obligations, credit card payment, and vehicle lease proceeds, etc., the Defendant’s intent to acquire money, but the evidence submitted by the Prosecutor was insufficient to acknowledge the facts charged of the instant case.
(1) The Defendant shall deposit money for lease from the F on August 28, 2015.