사기
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (fact-finding) is that the Defendant used the money received from F as investment funds from G Co., Ltd. (hereinafter “G”) for the business’s operating fund or personal purpose of “E” that he actually operated, and even if he borrowed money, he did not have any intent or ability to repay the borrowed money. Therefore, the lower court erred by misapprehending the legal doctrine, even though it could sufficiently recognize the facts charged in the instant case, and thereby acquitted the Defendant.
2. Determination
A. The summary of the facts charged in the instant case states that the Defendant would make a false statement to the F to the effect that, around June 19, 2011, “I would make an investment in the advertising agency G operating at home and the company developing the RFID program to make a profit equivalent to twice the investment amount within one year,” and would make a false statement to the effect that “I would immediately repay the F with a loan of KRW 3,8850,000 in total on seven occasions from September 8, 201 to April 12, 2012 as “G” company’s investment funds,” and that “I would make a false statement to the effect that I would lend money to F in short of the amount to be reduced as an employee’s salary,” on February 19, 2012.
9. Until May 1, 200, a total of 3.9 million won was remitted on five occasions as the borrowed money and acquired it by fraud.
B. The lower court’s judgment: (a) the Defendant stated that the F would not hear the Defendant’s speech that the F would make twice the investment amount to itself within one year, or that it was in favor of him; (b) it is difficult to view that the Defendant’s commitment was true and paid the investment amount; (c) since F would have not existed in G at the time of paying each investment amount listed in No. 1 to No. 3 of the Crime List 1, the F and I’s statement that the Defendant paid the said money to the Defendant under the pretext of investment in G is difficult to believe in itself; (c) the Defendant obtained the consent of F with respect to the place of using the money listed in No. 1 to No. 4 of the Crime List 1, and both the money listed in No. 1 to No. 5-7 of the Crime List 1 to No. 7 are all the purchase of equipment for the RFD business.