사기
The judgment of the court below is reversed.
The defendant is innocent. The summary of this judgment shall be notified publicly.
1. The summary of the grounds for appeal (based on factual errors and misapprehension of legal principles) is that the Defendant did not have the intent to acquire the borrowed money from the victim, and the victim did not have been accused of the Defendant’s ability to repay.
Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine that found the Defendant guilty of the facts charged of this case, thereby adversely affecting the judgment.
2. Determination
A. On August 10, 201, the Defendant stated in the instant facts charged that “Around August 10, 2011, the Defendant would sell the E-house (referring to the land and the building on the ground thereof, which are the land and the building on the land of Chang Mapo-si, Changwon-si; hereinafter “E-house”) to the victim of the victim C, which is operated by the victim C in the Haan-gun, Haan-gun, Haan-gun, Haan-gun, the Defendant would make a false statement that “Ab
However, the Defendant did not have any particular property and income at the time, and E House did not have any right, such as G acquired ownership on July 14, 2010 due to sale and purchase. Therefore, even if receiving a loan from the victim, there was no intention or ability to repay the loan.
On August 10, 201, the Defendant, by deceiving the victim as above, received KRW 5 million from the victim to the I bank account under the name of the Defendant’s father-H with the loan borrowed on August 10, 201. From that time, the Defendant received a total of KRW 37 million from July 17, 2015, from that time, as stated in the attached list of crimes in the lower judgment.
B. The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the evidence in its judgment.
(c) In the transaction of a loan for consumption, if the lender is aware of the credit standing of the lender and the borrower in the transaction of the loan for consumption, and thus it was anticipated or could be anticipated that the borrower would incur a future delay in repayment or impossibility of repayment, the lender shall be given specific intent of repayment, ability to repay, terms and conditions of the loan, etc. at the time of the loan.