사기
The judgment of the first instance shall be reversed.
The sentence against the accused shall be determined by a fine of KRW 3,00,000.
The above fine shall be imposed on the defendant.
1. Error of the gist of the grounds for appeal (the defendant did not acquire the borrowed money from the victim by deceiving the victim with the criminal intent of defraudation) and unfair sentencing; 2. The judgment of this court
A. Various circumstances acknowledged by the evidence duly adopted and examined by the first instance court on the assertion of mistake of facts, namely, ① the Defendant entered into a partnership business agreement with G on September 1, 2009, jointly purchased an officetel located in Leecheon-si (hereinafter “this Office”) from H, and planned to sell it in lots and take profits out of it. ② However, the Defendant did not have any 70 million won out of the 150,000,000,000 won that the Defendant would have been responsible for the payment of the down payment, and was willing to raise the victim’s trust through the transactional relationship such as the full payment, etc., to raise the down payment. ③ At the time, the Defendant did not have a certain monthly revenue, and the Defendant did not have any property in the name of the principal, and the Defendant would have to pay the remainder to the victim by October 14, 2009 (the remainder stated in the contract to the effect that the Defendant would have no more than 370,000,000 won to return the down payment.)