사기
The prosecutor's appeal is dismissed.
An application for compensation by an applicant for compensation shall be dismissed.
1. The summary of the grounds for appeal (misunderstanding of facts) was in arrears with the payment of the cost of services to the consigned officers due to the managerial difficulties from the end of 2013 and from March 2014, 2014, the suspension of the transaction of services by two consignment officers, but the suspension of the transaction of services by two consignment officers was made; however, the victim D and E had them continue to perform the consignment services as if they would pay the cost of normal services; and from April 2014, the fact that most of the cost of services to the victims were unpaid, the Defendant can sufficiently recognize the fact that he received the consignment services from the victims with the intent of obtaining economic benefits equivalent to the cost of services from the victims under the absence of the intent or ability to pay the cost of services.
Nevertheless, the lower court erred by misapprehending the facts and thereby acquitted the facts charged of this case.
2. The decision-making enterprise may be in default of its obligation, depending on the circumstances, because it was in a state of poor management.
Only if it was predicted that there was a willful negligence in fraud immediately.
Since it is the same as the determination of the nature of a crime by the result of the occurrence, it is unfair for a corporate manager to have recognized the possibility of default of debt in such a case.
Even if there is a substantial possibility to avoid such a situation.
In the case where there was an intention to make an effort to faithfully perform a contract, there was the criminal intent to obtain fraud.
It is difficult to readily conclude that it is difficult (see, e.g., Supreme Court Decisions 2001Do202, Mar. 27, 2001; 2015Do1809, Jun. 11, 2015). Examining the instant evidence in light of the aforementioned legal principles, a thorough examination of the instant evidence reveals that, based on the judgment of the court below, there was a criminal intent for the Defendant to obtain money from the victims at the time of having the victims perform the consignment service.
The measures that judged that the recognition is insufficient.