사기
The accused shall disclose the summary of the judgment of innocence.
1. The Defendant is a member of the number fraternity operated by the victim D, the main owner of the household, who had been aware of while living in the Dong area in the Jung-gu Seoul Metropolitan Government for about 10 years before the facts charged. Although the Defendant had a duty to normally pay monthly payment and operate the fraternity when receiving the fraternity, it is deemed that there was no intention or ability to normally pay the fraternity even if the amount of the monthly payment is high and the amount of the monthly payment is not fixed, even if the Defendant actually subscribed to the number fraternity, it is difficult to do so. On April 20, 2013, at the "F restaurant" located in the Jung-gu Seoul Metropolitan Government E-gu, Seoul, and entered the workplace of the State, and received KRW 500,000,000 won monthly payment from the damaged party to receive KRW 1 million and KRW 500,500,0000,0000,0000 from the husband to receive the remainder of the monthly payment from the damaged party.
2. Determination
A. Review of the record of recognition reveals the following facts.
(1) In order to repay money borrowed from D while gambling, the Defendant joined the number fraternity operated by D around 2010 to 2011 (hereinafter “No. 1 number fraternity”) and received KRW 10 million.
She, however, the Defendant was unable to pay only a part of the entire accounts from the beginning, and D was to pay the said accounts in lieu of the said accounts and to receive the payment in lieu of the Defendant and the amount equivalent to the interest accrued therefrom.
Around April 2013, the Defendant joined the number system operated D again (hereinafter referred to as the “number system of this case”) in order to repay the principal and interest of the fraternity paid in by D, and D also knew of this fact, the Defendant subscribed to the system.