사기
The prosecutor's appeal is dismissed.
1. According to the evidence submitted by the Prosecutor, the court below found the defendant guilty of the facts charged in this case. The court below erred in the misapprehension of facts.
2. Determination
A. In light of the following circumstances acknowledged in accordance with the evidence of the judgment below, the court below held that the defendant deceptioned the victim as stated in the facts charged or acquired money without the intention to repay or ability to repay, only the evidence submitted by the prosecutor is sufficient.
The charge of this case was pronounced not guilty on the ground that there is insufficient evidence to acknowledge it and there is no other evidence to acknowledge it.
① Unlike the facts charged in the instant case that the Defendant did not prepare for the new operation of the extraction project, the Defendant appears to have prepared the new operation of the extraction project of the new operation from February 2, 2009 to March 2 of the same year by employing the new operation of the operation of the operation of the fishery village fraternity from February 2, 2009 to preventing a third party from bringing the new operation of the operation of the operation of the operation of the new operation of the operation of the fishery, such as employing the operation of the operation of the operation of the operation of the new operation of the fishing village fraternity from February 209 to March of the same year, or managing the operation of the operation of the new operation of the operation of the fishery.
② Although there are differences in the statement between the Defendant and the victim on the timing of loan, amount of loan, etc., there is no evidence to prove the timing of loan and amount of loan in addition to the statement made by the victim that most of the victims made a loan to the Defendant several times in cash. However, the Defendant not only contests the amount of loan but also used some of the amount of loan as a result of deferred relationship
The victim is asserting that the defendant's argument is denied, but the victim is different from the ordinary lending relationship, such as not preparing a loan certificate and not having an interest agreement, while lending the amount of 15 million won to the defendant.