사기
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is that the victim was aware that he had lent money to the horse with the awareness that he had carried on the horse business, and that he was not accused of the defendant, and that the money used in the horse racing among the money received from the victim was 85,007,800 won, and that only the above amount should be calculated as the amount of damage.
Nevertheless, the court below convicted the defendant by misunderstanding facts or understanding the legal principles.
2. Determination
A. First of all, the following circumstances acknowledged in accordance with the evidence duly adopted and examined by the court below regarding the assertion that the victim did not deceiving the victim. ① From the investigative agency to the court of the court below, the victim: (a) from then on December 5, 2006, the victim borrowed 100,000 won to the police officer in order to preserve the principal and make every 300,000 won investments every month; (b) opened a bank account under the name of the party; and (c) opened a bank account under the name of the victim; and (c) opened the bank account on December 22, 2006 to deposit KRW 10,000 to the defendant; and (d) opened the bank account in the name of the victim; and (e) opened the passbook and the security card in the name of the defendant to the effect that the defendant would deposit KRW 50,000,000 in the above account in the name of the victim; and (e) after doing so, the victim’s statement to the court below to the effect that the defendant’s statement to the above account.