사기
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (1) With respect to the fraud of investment money among the facts charged, it is clear that the Defendant deceiving the victim as a building that he newly built and owned the instant building, and also deceiving the victim about the lease period and the use of the investment money.
Even though the court below did not recognize the defendant's deception;
In light of this, the court below acquitted the Defendant on this part of the facts charged, and erred by misapprehending the legal principles, which affected the conclusion of the judgment.
(2) In relation to the fraud of the borrowed money among the facts charged, in light of the fact that the Defendant borrowed the borrowed money at the discount, but did not consume it for all the expenses, and that the Defendant had already been subject to personal debt as an bad credit holder at the time, etc., it is obvious that the Defendant deceiving the victim and borrowed the above KRW 50 million, the lower court did not recognize the Defendant’s deception.
In light of this, the court below acquitted the Defendant on this part of the facts charged, and erred by misapprehending the legal principles, which affected the conclusion of the judgment.
2. In relation to the prosecutor’s above assertion, there is no additional evidence submitted in the trial, and the court below, among the judgment of the court below, set up a detailed decision on it over the 3rd 3rd eth eth eth 9th eth eth 9th eth eth eth eth eth 9th eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth e