사기
The defendant shall be innocent.
1. The summary of the facts charged is as follows: (a) the Defendant was in need of money for operating expenses of “B” corporation, which he operated at the time on April 2012 and for repayment of personal debt; (b) the Defendant had no intent or ability to repay the borrowed money from other persons due to personal debt, etc.; and (c) despite the absence of intent to use it for a game business, if the Defendant used the borrowed money for a game business for the purpose of the game business and paid the principal in a timely manner, he/she was transferred the money to the victim C by telephone as if he/she would use it for a game business; and (d) he/she would use it for a game business by telephone to create a company in Cambodia; (e) the amount of money to be invested in the game business is much higher than interest if he/she loans to the game business; and (e) it was transferred from the victim’s bank account in the name of the Defendant on April 10, 2012 to KRW 600,000,000.
2. The intent of the crime of deception, which is a subjective constituent element of the crime of fraud, shall be determined by comprehensively taking into account the objective circumstances such as the Defendant’s financial history, environment, details and contents of the crime, transaction execution process, and relationship with the victim before and after the crime unless the Defendant is led (see Supreme Court Decision 2008Do2893, Jun. 12, 2008). Whether the crime of fraud by the deception of the money was established shall be determined at the time of borrowing the money at the time of the loan, and the money cannot be repaid due to the change in economic circumstances after the loan, and it shall not be punished for fraud (see Supreme Court Decision 97Do249, Apr. 11, 197, etc.). In light of the above legal principles, the evidence submitted by the prosecutor is proved to the extent that there is no reasonable doubt by the evidence alone.
It is insufficient to view it, and otherwise.