사기
The defendant shall be innocent.
1. On June 19, 2014, the Defendant made a false statement to the effect that “AD oriental medical hospital sick room located in Ansan-si, the Defendant would make the victim E enjoy money to make it convenient for him/her to enjoy interest by lending money to B. In other words, he/she would lend money to a person in need of wage and return 7-10% interest with the principal and interest of 7-10% at the same time within one month, and that he/she would also establish a collateral security right with respect to loan he/she had resided in Korea.”
However, even if the Defendant borrowed money from the injured party, he thought that it will be used as debt repayment to the third party, payment of money to the members of the fraternity that he operated, and living expenses, and it did not have the intent or ability to pay the principal and interest of the interest that was promised to the injured party by using the entire money play. There was no intention or ability to establish the right of collateral security for the lending of money that he had lived before, and there was no security value of the lending.
Around June 19, 2014, the Defendant: (a) by deceiving the victim; and (b) obtained the delivery of KRW 50 million from the victim to the smartphone account transfer method; and (c) obtained the delivery of KRW 50 million from the victim to November 21, 2014 by the same method during 21 times from Jun. 19, 2014 to Nov. 21, 2014; and (d) obtained the delivery of KRW 230,2630,00 from the victim by the same method.
2. Whether fraud is established through the deception of a loan shall be determined at the time of the loan (see Supreme Court Decision 95Do3034, Mar. 26, 1996). The criminal intent of defraudation, which is a subjective constituent element of a crime of fraud, shall be determined by comprehensively taking into account the objective circumstances such as the defendant's financial history before and after the crime, the environment, the details and details of the crime, and the process of transaction execution, unless the defendant makes a confession (see Supreme Court Decision 94Do2048, Oct. 21, 1994, etc.). Meanwhile, the conviction is recognized.