사기
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is as follows: (a) on December 2014, the Defendant borrowed operating expenses at several construction sites from the injured party; (b) on November 26, 2015, the Defendant repaid approximately KRW 2200 million of the principal and interest borrowed up to November 26, 2015 (interest 10% for two months); (c) on the basis of the confirmation of work and the payment of personnel expenses for daily workers, the written agreement submitted by the injured party is merely a form instead of a loan certificate; and (d) on the other hand, the written agreement submitted by the injured party and the payment was forged, the Defendant did not mislead the injured party by requesting the payment of the personal wages at the Seosan F new construction site (hereinafter “the instant Seosan site”); and (b) the Defendant could not only be paid the borrowed money.
2. The Defendant also asserted the same as the grounds for appeal in this part, and the lower court rejected the Defendant’s assertion in detail on the grounds of the Defendant’s assertion and its decision under the title “Determination on the Defendant’s and his defense counsel’s assertion” in the judgment.
In addition to the circumstances indicated by the lower court, the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, i.e., (i) the victim paid wages to the instant construction personnel introduction agreement, work confirmation, and daily worker labor cost by the Defendant for about one year prior to the instant transaction period, as in the instant transaction method; and (ii) it appears that the Defendant requested the payment of the construction cost to be paid by each of the relevant construction contractor as security, and (iii) the Defendant used the money received from the injured party for the payment of the instant wage at the Seosan’s site after November 27, 2015 for the payment of the monthly wage to the victim’s previous loan or the debt to I, a complaint at the H site, and the borrowed money from the P company under the name of the substitute payment for wages, etc. (Evidence No. 340, 341, 360 through 360, 360, etc. of the evidence record).