사기
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is that the victim E is able to receive profit if the defendant and F make an investment in business funds, and paid KRW 110 million to the defendant and F. The defendant did not use KRW 25 million out of the money in relation to the business. Therefore, the defendant committed fraud in receiving and using money from the damaged party, which is more than the amount actually needed for the business.
must be viewed.
Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged in this case is erroneous.
2. Determination
A. The summary of the facts charged is as follows: (a) the Defendant introduced the F, a director of the said company, at the office of the Plaintiff, located in Suwon-si, Suwon-si, Inc., Ltd., Ltd., Ltd., located in Suwon-si, Inc., Ltd., Ltd., which was located in Suwon-si, Inc., Ltd., on March 2013, to the victim E; (b) the Defendant was scheduled to develop approximately 25,000 land out of 103-3, Young-si, Young-si,
In order to receive a loan, it means that the F will pay a profit from the fee of 5% received by the F if the expenses are lent in order to secure the loan, and it makes a false statement as if it is necessary to pay KRW 110 million as the expenses for receiving the PF loan.
However, at the time, the expenses incurred in obtaining the PF loan was equivalent to KRW 85 million, and the defendant and the F have no intention or ability to use the funds as the PF loan expense even if the victim received KRW 110 million from the victim, and if the remaining funds were to be used as the FF loan expense, the use of the funds as the operating expenses of the above office or to compensate for the expenses already incurred by the defendant for the operation of the above office.
F shall receive KRW 110 million from the injured party and use KRW 85 million as the pF loan expense, and shall deliver the remainder of KRW 25 million to the accused, and shall cause the accused to do so.