사기
The judgment of the court below is reversed.
Defendant shall be punished by a fine of five million won.
The above fine shall not be paid by the defendant.
The summary of the grounds for appeal (misunderstanding the facts) was the bill that was written in the facts charged that the defendant delivered to the victim at the time (hereinafter “the bill of this case”) was anticipated to be insolvent, and even if the defendant predicted that the bill of this case would not be settled on the payment date and recognized the criminal intent by fraud, the court below determined that the defendant was not guilty and sentenced not guilty.
The lower court determined that the evidence submitted by the prosecutor to the following purport alone was insufficient to recognize the criminal intent by deception.
The Defendant borrowed the Promissory Notes from the Bank of Korea (hereinafter referred to as “I”) which had been in a usual transactional relationship due to the need to pay the funds at the time and received discount from the victim, and the issuing company of the Promissory Notes was not well aware of the issuing company of the Promissory Notes. However, the Defendant endorsed the Promissory Notes (hereinafter referred to as “D”) in the name of the Defendant at the time of the discount of the Promissory Notes, which the Defendant was actually operating, and issued a loan certificate to the effect that the Defendant would bear the Defendant’s obligation, and thus, it seems that I was aware of the fact that the Defendant was in a true interest in the Promissory Notes and
Since D actually operated by the Defendant settled the entire amount of outstanding bills, checks, etc. within a certain period of six months from the date of the discount of the Promissory Notes to April 16, 2013, and at least until February 2013, D repaid the amount of loans to a large number of financial institutions without delay. Around December 2012, D was subject to a credit loan of approximately KRW 50 million at a financial institution. Around November 2012, D offered a bid to receive a successful bid of KRW 2.4 billion at the time of the discount of the Promissory Notes. Thus, it is impossible to recover as much as D’s financial situation at the time of the discount of the Promissory Notes goes beyond a temporary liquidity crisis and becomes due, it is impossible to recover as much as D’s liability for the lawsuit of the Promissory Notes is not satisfied.