특정경제범죄가중처벌등에관한법률위반(사기)등
The judgment below
The guilty part shall be reversed.
A defendant shall be punished by imprisonment for six months.
The judgment below
To be innocent and not guilty.
1. Summary of grounds for appeal;
A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles (section A) with respect to the victim M, the Defendant was in a state of temporary excess of 30 million won from the victim M in the name of the internal construction cost of J Burial Co., Ltd. (hereinafter “I”), but on such grounds, the Defendant could not be immediately recognized that the Defendant enticed the victim about his intent or ability to repay, and it is difficult to recognize that the Defendant had deceiving the victim about the purpose of the loan because he used the said money as operating expenses of the said company in accordance with the business judgment.
In addition, when the defendant borrowed 19,1220,00 won in total from the victim under the pretext of operating I and Q Q (hereinafter “ Q”) and operating the borrowed money, the victim was aware of the financial status, debts, credit standing, etc. of the above company in detail with the defendant's plan to take over or operate the air time import and sale business (hereinafter "air time business") and with the defendant's plan to operate it, and thus, it should be deemed that the defendant could have anticipated or could have sufficiently anticipated the risk of being unable to repay the borrowed money on the agreed date. In addition, considering the details of the defendant's actual use of the borrowed money, the defendant could not be recognized that the defendant deceiving the victim about his intent or ability to borrow the borrowed money, and it is also difficult to recognize that the defendant had the criminal intent to obtain the borrowed money at the time.
Nevertheless, the court below erred in misunderstanding of facts and misunderstanding of legal principles as to fraud in recognizing the defendant's deception and deception and guilty of this part of the charges.
B. The defendant's fraud against the victim N is KRW 100 million from the victim N.