사기
The prosecutor's appeal is dismissed.
1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, the Defendant is fully aware of the criminal intent to acquire money, since the Defendant did not have the intent or ability to return the borrowed money or to pay liquor at the time of borrowing money from the victims or receiving alcoholic beverages.
Nevertheless, the judgment of the court below that acquitted the charged facts of this case is erroneous.
2. The Defendant in the instant facts charged is a person who operated a “D” head office in Seodaemun-gu Seoul from around 2002 to February 201, and a “F” head office in Seodaemun-gu Seoul from around 2007 to around 201.
A. On November 2010, 2010, the defrauded of the borrowed money: H, an employee of the victim limited company G (hereinafter “victim”) who is an alcoholic beverage supplier, “B is engaged in alcoholic beverage transactions; and if the loan is made in order to secure a large number of customers of alcoholic beverage sales in this region, the Defendant will repay the loan in one million won per month.
“.....”
However, at the time, the Defendant had a loan and unpaid amount of KRW 35 million for an existing liquor supplier, and even if the amount of monthly rent and the unpaid amount of food materials was equivalent to KRW 60 million and the personal liability was received from the victimized company, there was no intention or ability to repay it.
Nevertheless, the Defendant entered into a loan agreement with the victimized company on November 25, 2010, and transferred KRW 20 million to the credit account in the name of I as a loan, and on December 10, 2010, transferred KRW 20 million to the credit account in the name of the Defendant (Account Number K) under the same name as that of the credit union account in the name of the Defendant on April 29, 201.
Accordingly, the defendant received a total of KRW 50 million from the damaged company and acquired it by fraud.
B. On November 25, 2010, the Defendant shall obtain the payment of alcoholic beverages from H, a member of the victimized company, who is an alcoholic beverage supplier, in the foregoing “D” book.