특정경제범죄가중처벌등에관한법률위반(사기)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (the factual errors and misapprehension of the legal principles) did not recognize the criminal intent of deception or deception of the defendant on the grounds of the business status of the defendant, the act of worship by the partner, the aggravation of business caused thereby, and the payment of interest to the victim, and acquitted the facts charged in this case.
However, in light of the following circumstances: (a) the Defendant was unable to pay the fixed amount of money to the agency owners; (b) the interest to be paid to the victim at the time of borrowing money under paragraph (2) of the facts charged was 75 million won; (c) the Defendant drafted a written agreement as if he were to repay by arbitrarily stating the name of another person or disposing of land that is not authorized to dispose of; (d) borrowed KRW 300 million from the victim after K’s embezzlement; and (e) the Defendant was the records of the Defendant’s fraud and the bad credit standing, etc., the lower court is able to recognize the criminal intent of deception or deception; and therefore
2. Determination on the grounds for appeal
가. 원심판단 ⑴ 인정사실 ㈎ 피고인의 사업 현황 피고인은, 신용불량자이어서 동업자인 K 그리고 L, M, N, O의 명의로 사업자등록을 한 후 E(2009. 10.경 인수), P(2010. 5.경 설립), Q(2010. 7.경 설립), J(2011. 4.경 설립)를 실질적으로 운영하였다.
According to the results of the return of value-added tax by the above companies, the year 2010, which borrowed the first money from the victim, had gross sales revenue of KRW 2,187,593,64,644, and KRW 1,690,818,812, which was 496,774,832, and the total sales revenue of the above companies was 8,593,456,066, total sales revenue of KRW 2011 8,593,593,456,066, total sales revenue of the above companies (E: 5,360,129,089, total sales revenue of KRW 4,768,306,80, gross sales profit of KRW 591,82,288,000, total sales revenue of KRW 2,188,725,837,298,201, 2013, 2018).