사기
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (Definite or misunderstanding of the legal principles) was delegated to the Plaintiff with the authority to recruit the occupants to the mobile phone sales store in Eartra, and even though the final authority on the sales store was reserved in the Lara, the Defendant, as if he was delegated with the final authority on the sales store, acquired money by deceiving the victim, thereby deceiving him of fee of KRW 25 million.
Nevertheless, the lower court rendered a not-guilty verdict on the facts charged of this case. In so doing, the lower court erred by misapprehending the legal doctrine, thereby affecting the conclusion of the judgment.
2. Determination
A. The summary of the facts charged in this case is that the Defendant: (a) the representative director of C Co., Ltd. (hereinafter “C”); and (b) D, did not have been delegated with the ultimate authority for the salesroom occupants by the C Director A.C., but was willing to obtain money and valuables from the occupants of Empt.
Around February 17, 2014, the Defendant and D conspiredd to publish an article on the Internet NAB car page in the second floor of the building in Songpa-gu Seoul, Songpa-gu, Seoul, with the title “Absteging the seat of the seat of the seat of the seat of the seat of the seat of the seat of the seat of the seat of the seat of the seat of the seat of the seat of the seat of the seat of the seat of the seat of the seat of the seat of the seat of the seat of the seat of the seat of the seat of the seat of the seat of the seat of the seat of the seat of the seat of the seat of the seat of the seat of the building.”
However, in fact, the defendant and D have only been asked to select the number of occupants to move in the Egypt mobile phone in Egypt No.S., and the defendant and D did not have any intention or ability to move in five Egypt in the Egypt even if they received the fee from the victim because they did not have the right to make direct payments to move in the Egypt in the Egypt.
The Defendant and D, as mentioned above, deceiving the victim and deceiving him/her on February 20, 2014 from the victim.