사기
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
The request of the applicant for compensation shall be dismissed.
1. The summary of the facts charged is that the Defendant, around April 13, 2013, at H’s office located underground in the first floor of G Building near the F Station located in Seocho-gu Seoul Metropolitan Government, the victim D would have a good interest on a casino operated by the U.S. military unit only if he/she lends money to the victim D only one week.
The principal stated that “I will return the principal immediately if you talk only.”
However, in fact, even if the Defendant did not have any particular occupation or income and the obligation to repay is more than 700 million won, the Defendant was scheduled to use a considerable portion of money for personal purposes, such as repayment of personal debt, living expenses, gambling loan, and payment of his own accounts, and thus, the Defendant did not have any intent or ability to pay the principal and interest to the victim or to pay the principal and interest in accordance with the agreement.
As such, the Defendant: (a) by deceiving the victim; (b) obtained a total of KRW 87,860,000 from around that time to September 15, 2013 from the victim, and obtained a delivery of KRW 87,860,00 in total on 44 occasions, such as the list of crimes, from around that time.
2. The assertion and judgment
A. The defendant borrowed money from the injured party, and then the defendant lent money from the casino of the US military unit to lend money for gambling.
When I is unable to receive money due to suicide, it is only impossible to pay the money from the victim due to the omission of financial standing, and it does not borrow money by deceiving the victim from the time of the next use to the criminal intent of defraudation.
B. Determination 1) The intent of defraudation, which is a subjective constituent element of fraud, shall be determined by comprehensively taking into account the objective circumstances, such as the Defendant’s financial history, environment, details of the crime, and process of transaction before and after the crime, insofar as the Defendant does not confession (Supreme Court Decision 94Do2048 delivered on October 21, 1994). Meanwhile, the recognition of criminal facts in a criminal trial is a judge.