사기
The prosecutor's appeal is dismissed.
1. According to the evidence submitted by the prosecutor, such as the victim C’s statement with the summary of the grounds for appeal, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment, although the defendant could sufficiently recognize that he acquired a total of KRW 150 million from the injured party as stated in the facts charged.
2. Determination
A. The summary of the facts charged is that the Defendant, as an oriental medical doctor, committed fraud by deceiving the victim C with the intent of teaching the funds.
1) On July 5, 2013, around July 5, 2013, the Defendant was aware of the need to sell the land to the victim at the Defendant’s house located in Sungnam-si, Sungnam-si, Sungnam-si, 101 Dong 3404, “The Defendant laid the land to Gwangju-si, his father, and was not in cash.
At the same time, only one Council member open, if the cash is 50 million won and the minimum amount is 50 million won, 25 million won remain.
There is no cash now to settle the price of the drug as soon as possible.
The inside of the Republic of Korea is expected to open a member of the Cheongdo-dong, which can be fully repaid if it is lent KRW 10 million.
“False speech was made to the effect that it was “.”
However, in fact, the defendant did not have any property under the name of the person, and did not have any intention or ability to pay the money even if he received the money from the victim because he did not have any property under the name of the person, and a member of the Korea Council who operated the property is accumulated, and only has a debt of 70 million won or more.
Nevertheless, the Defendant, by deceiving the victim as such, received 10 million won from the victim under the name of the Defendant at the time of transfer from the victim, under the name of the head of the corporate bank (Account Number: E).
2) On July 2013, 2013, the Defendant was in need of KRW 100,000,000,000 for deposit money, KRW 20,000,00 for premium money, and KRW 20,000 for interior expenses to the victim in a member of the Council, “G Hanwon,” located on the fourth floor of the F building in Gangnam-gu Seoul, Seoul, Seoul, on the fourth floor of the F building.
The president of the G Institute of Han-won is KRW 20 million.