사기
The prosecutor's appeal is dismissed.
According to the prosecutor's statement I of the summary of the reasons for appeal, it can be acknowledged that the defendant made a false statement to the victim that the 40th price of H game was KRW 30 million, but the 40th price of the above game machine was KRW 30 million, and since I did not find the 40th price of the above game machine, I allowed I to send the 40th price of the above game machine to a third party, not a damaged person. In light of these facts, the defendant can be found to have acquired property profits equivalent to KRW 40 million from the victim as stated in the facts charged in this case, and it can be found that the defendant acquired property profits equivalent to KRW 40 million from the damaged person as the price for the above game machine. However, the judgment of the court below that acquitted the defendant is erroneous.
Judgment
In addition to the reasoning of the court below acknowledged by the evidence duly adopted and examined, the court below stated to the effect that "I produced more than 40 He produced the H game machine at the request of the defendant, but the defendant did not bring it to the defendant and let M keep the above game machine for a month, and thereafter sent the above game machine to M at the request of the defendant, not the victim of the above game machine," but the defendant sent the above game machine for the use of the game in the Daejeon Frandong. However, the court below did not completely memory that "I received 40 orders of the H game machine from I during the period from May to June, 2013, and it did not receive orders from I during the delivery of the game machine from I, while I received orders from I, it was hard to say that the defendant's statement was contrary to the credibility of the evidence presented by the prosecutor."