사기
The prosecutor's appeal is dismissed.
1. According to the evidence submitted by the prosecutor, the court below found that the defendant's total amount of KRW 55 million received from the injured party is not investment funds, but investment funds. Furthermore, although the court below found the fact that the defendant deceivings the injured party without the intent or ability to repay, and acquired the above funds by deceiving the injured party without the intent or ability, the court below found the defendant not guilty under the preceding paragraph of investment funds. Thus, the court below erred in the misapprehension of facts, which affected the conclusion of the judgment.
2. Determination
A. The summary of the facts charged in the instant case was a director of “E” (the representative director: F; hereinafter “E”) of a master goods importer company on the fourth floor of the building in Yangcheon-gu Seoul Metropolitan Government from June 2009 to June 30, 2010, and a person who operated “G” at the 2 and 3th floor of the same building from June 2009 to early 2011.
The defendant was in charge of purchasing and importing Masters from abroad, such as Italy, in E.
around April 2010, the victim H became aware of the Defendant’s visit to the said “G” store as a customer, and invested KRW 100 million in the Defendant’s business around May 2010, and was a joint investor.
I, while withdrawing an investment in the Defendant, the Defendant is obligated to return the investment amount to I, and the Defendant resigned from E director on June 30, 2010 and settled the shares, around that time, the Defendant was obligated to pay KRW 110 million per month, and KRW 96 million per month for 24 months, due to the obligation to pay KRW 4 million per month to E, and due to the failure to pay the amount of KRW 96 million.
A. On July 11, 2010, the Defendant phoneed to the victim on July 11, 2010 and planned to depart from the Republic of Korea to purchase the name of the victim.
If money is short of money, he/she will sell well-known items to Korea.
“Along on July 15, 2010, there is an opportunity to purchase a good master’s name at an insular area with a view to purchasing it.”
The money is ..00.