사기
The prosecutor's appeal is dismissed.
1. Comprehensively taking account of the evidence submitted by the prosecutor as to the gist of the grounds for appeal, the court below found the defendant guilty on the ground that, although the defendant did not have the intent or ability to pay the cost of the main works and the cost of the main goods, the victim F is required to supply the main works and the main goods, and when transferring the main goods to K, the obligation to pay the cost of the main works and the cost of the main goods to the victim is not included in the acquisition list. Therefore, the court below found the defendant guilty, which affected the conclusion of the judgment by misunderstanding the facts.
2. Determination
A. The summary of the facts charged in the instant case states that, on the 6th floor and 7th floor of Sinpo City, the Defendant provided that, “The Defendant would pay the price for the main works and the main works to remodel the main goods, etc. to the victim F, who actually operates Party E at the instant securities brokerage office on June 2007, as the person running the “D trading business” (hereinafter “instant securities brokerage office”) on the 6th floor and 7th floor of Sinpo City.
However, the Defendant, without any particular property, operated the instant database, had the existing debt amounting to approximately KRW 300 million, and did not pay it properly, and in relation to the said remodeling project, the construction cost unpaid to other construction business operators than the victim is equivalent to approximately KRW 200 million, and thus, there was no intention or ability to pay the said cost even if the Defendant had had the victim do so and received the goods necessary therefor.
Nevertheless, the Defendant, on September 12, 2007, ordered the victim to perform the main works equivalent to approximately KRW 49,00,000,00, and on October 11, 2007, the total market price of the main works is equivalent to KRW 7,690,00,000 in total, and on November 9, 2007, the total market price of the main works is equivalent to KRW 31,368,40,00 in total, and on December 10, 2007, the total market price of the main works is equivalent to KRW 84,830,00 in total equivalent to KRW 172,88,40,00 in total.