사기
The prosecutor's appeal is dismissed.
1. Summary of the grounds for appeal (the mistake of facts and misapprehension of legal principles);
A. Since it is recognized that the Defendant received KRW 41,00,000,000 from [Attachment 1,2,3, and 9] Nos. 1,2,3, and 9 of [Attachment ] List of Crimes, the Defendant received KRW 41,00,00 in total from [Attachment 1,2,3, and 9], it is highly probable that he/she had received KRW 1,981,00 from [Attachment 1,2,3, and 9], and there is no reason to issue KRW 10,00 in face value or prepare for US dollars without the Defendant’s request, and there is credibility of the Defendant’s consistent statement and meta with the content that he/she received the amount as stated in each of the facts charged
Nevertheless, based on misunderstanding of facts and misunderstanding of legal principles, the lower court determined that this part of the charges did not constitute a crime of fraud on the ground that it is insufficient to recognize that the Defendant received the total amount of KRW 1,9810,00 from B, which is the No. 1,2,3, and9 of the annexed
B. The Defendant and B in the attached table Nos. 4 through 8 are different from social experience and intellectual level, and only one of the Defendant was aware of the fact that the Defendant was operating as captain B, while driving as captain B.
At the time, B was called for employment of children and there is no reason for B to deliver money to the defendant for purposes other than employment of children.
B paid a total of KRW 41 million to the defendant four times, and there is no data about the loan terms, such as the loan certificate, the due date, the interest rate, etc.
In full view of the mutual relationship and the circumstances leading up to the receipt of money by the parties, it can be recognized that the defendant acquired money by means of false speech that he/she would give B a tea E by hiring.
Nevertheless, the court below is not enough to recognize the criminal intent of deception and deception for the total amount of KRW 41 million in the attached list Nos. 4 through 8, which the defendant received from B based on misunderstanding of facts and misunderstanding of legal principles.