In a case where a financial company, etc. deceptions itself that it has no intent or ability to mediate any matter belonging to the duties of an officer or employee of the financial company, and receives money and valuables under the pretext of mediation from the injured party, regardless of whether the crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Aggravated Punishment, etc. of Specific Economic Crimes) is established, such act constitutes a crime of fraud by taking property by deceiving another person (see Supreme Court Decision 2007Do1004, Feb. 28, 2008). The court below held that even if the defendant receives money under the pretext of entertainment expenses, etc. for the loan, even though the injured party has no intention or ability to receive the loan, the court below would allow the injured party to take out a loan of more than 2 billion won by taking 10 members of a golf club as security, if the defendant uses 30 million won as entertainment expenses, etc. for the purpose of financing

In a false manner, he/she acquired by remittance of KRW 21 million in total to the account designated by the defendant.

The decision was determined.

In light of the relevant legal principles and evidence, the lower court did not err by misapprehending the facts in violation of logical and empirical rules, or by misapprehending the legal doctrine on the criminal intent to acquire by deception in fraud, and the relationship between the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (EM players).

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.