사기
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal became final and conclusive after a judgment of conviction of fraud was rendered to the effect that the Defendant borrowed money from April 2012 to July 2012, 2012, which was the following day of the instant case, and received money from around July 2012, the Defendant had no intent and ability to repay, thereby recognizing the criminal intent to commit fraud. However, the Defendant’s property status in the 2011 year in which the instant loan and received money was received does not differ any difference compared with the situation at the time of 2012, which became final and conclusive, and thus, even in the instant case, the lower court erred by misapprehending the facts and thereby acquitted the Defendant of the instant facts charged.
2. Summary of the facts charged and the judgment of the court below
가. 이 사건 공소사실의 요지 ⑴ 피해자 D에 대한 사기 ㈎ 차용금 사기 1) 피고인은 2010. 12. 2. 경 서울 송파구 E 소재 F에서 피해자에게 “ 나는 50억 원 정도를 갖고 있어 하루에 벌어들이는 돈이 엄청나다.
The payment of KRW 200,000 shall be made on a second-month basis, and the principal shall be returned at any time.
The phrase “ makes a false statement.”
However, in fact, although the defendant had a claim against another person, he could not recover the principal and interest properly, in particular, he was issued a fair certificate to the effect that G would repay the amount of KRW 400 million from September 17, 2012, but G would go to Skinson's disease and pay the money within the time limit of his husband.
There was no definite answer from time to time, and there was no intention or ability to repay the principal and interest in accordance with the promise even if they borrowed money from the injured party due to no special income, etc.
Nevertheless, the defendant deceivings the victim as above and transfers the amount of KRW 96 million to the national bank account under the name of the defendant on the same day from the victim, and KRW 100 million to the same account around the third day of the same month, and KRW 196 million to the same account around the same day.