사기
The prosecutor's appeal is dismissed.
1. Comprehensively taking account of the evidence presented by the prosecutor in the gist of the grounds for appeal, it shall be deemed that the crime of fraud is established when the defendant borrows money from the victim three times as stated in the facts charged in this case, and the defendant was found to have no ability or intent to repay each borrowed money. However, the court below acquitted the defendant. Such judgment of the court below is erroneous in the misunderstanding of facts or misapprehension of legal principles.
2. Determination
A. The summary of the facts charged in the instant case is the representative director of Busan Shipping Daegu B or C, and the victim F by entering the E process around March 2015.
1) On or around January 9, 2017, the defrauded: (a) on or around January 9, 2017, the Defendant called, “Around February 2, 2017, the Defendant called, “I will pay KRW 10,000,000 to the Defendant with an exercise fee if he/she borrowed from the Defendant’s office.” However, on or around February 2, 2017, the Defendant sent text messages from the Defendant’s office to the Defendant to the H Bank account (I) bank account in the name of the Defendant’s wife, which was operated by the Defendant on the same day; and (b) on or around February 2, 2017, he/she had no intent or ability to repay the money even if he/she borrowed the above money from the Defendant’s office.” However, on or around February 2, 2017, the Defendant: (a) sent the text messages to the said Defendant to the said Defendant as “Seoul Park Construction Deposit, 375 million.”
However, at the time, the defendant was above.
The circumstances such as the statement in this subsection were difficult, and the victim thought to receive money from the victim to use it for other purposes, and thus, the victim did not have any intent or ability to repay the money.
Nevertheless, the defendant deceivings the victim as above.