사기
The defendant is innocent. The summary of this judgment shall be notified publicly.
1. On June 4, 2014, the Defendant: (a) performed on March 2014, 2014, the Defendant stated that “the Defendant would supply promotional materials for election use” to the victim E and F, who is the representative of the planning company of “D” at the head office of the Ku-jin-gu Seoul convalescent Hospital located in the Jeonjin-gu Seoul Special Metropolitan City around March 2014; and (b) that “the Defendant would supply promotional materials for election use.”
However, there was no intention or ability to pay the price even if the election campaign materials are supplied by the injured party.
The Defendant, as such, by deceiving the victim, obtained a large amount of election campaign material equivalent to KRW 22,858,000 from April 2, 2014 to June 2, 2014, including large banner, shoulder belt, illumination, name tag, publicity board, etc. of the victim’s external wall for election from around the beginning of April 2014 to the end of June 2, 2014, and acquired it by deception.
2. Determination
A. The intent of the crime of defraudation, which is a subjective constituent element of the crime of fraud, should be determined by comprehensively taking into account the objective circumstances, such as the Defendant’s financial history, environment, details and details of the crime before and after the crime, and the process of transaction execution (see, e.g., Supreme Court Decision 94Do2048, Oct. 21, 1994). Meanwhile, the conviction should be based on evidence with probative value that makes the judge feel true to the extent that there is no reasonable doubt. Thus, if there is no such evidence, even if there is suspicion of guilt against the Defendant, it should be determined as the interest of the Defendant, and the same applies to the recognition of the criminal intent, which is a subjective element of the crime of fraud (see, e.g., Supreme Court Decision 2004Do74, May 14, 2004).
1) The Defendant was elected from the local election in 1991 to the North Korean Provincial Council member of the fourth North Korean Provincial Council, and was reappointed to the fifth North Korean Provincial Council member, and was working for the fifth North Korean Provincial Council member of the Republic of Korea in 2001.