The phrase “ makes a false statement.”

However, at the time, the defendant did not have any special revenue or property, but even if he borrowed money from the damaged party with a personal debt of KRW 80 million, he did not have any intention or ability to repay it on the day he promised.

On May 4, 2016, the Defendant, by deceiving the victim, received from the victim, the money of KRW 15 million (hereinafter “the instant money”) from the victim to the Defendant’s account in the name of the Defendant D, and acquired it by deceiving the victim.

2. Determination

A. The defendant did not deceiving the victim, did not have the intention to commit the crime of deception, and did not lead the victim to the mistake due to the defendant's act.

The argument is asserted.

B. The crime of fraud is established by deceiving another person to make a mistake, causing his/her dispositive act to cause his/her dispositive act, thereby obtaining property or pecuniary advantage, and there is a relation between deception, mistake, and property disposal.

Whether a certain act constitutes a deception that causes a mistake to another person, and whether such deception and the disposal of property are related to a mistake should be determined generally and objectively in consideration of the circumstances of the transaction, the other party's knowledge, character, experience, occupation, and other specific circumstances at the time of the act.

In addition, unless the defendant makes a confession, it should be determined by considering the objective circumstances such as the financial history, environment, contents of the crime, process of transaction, relationship with the victim, etc. before and after the crime, unless the defendant makes a confession.

In addition, the issue of whether fraud is established by satisfying the above requirements is at the time of such act.