사기
The defendant shall be innocent.
1. On October 2008, the Defendant made a false statement in the facts charged of the instant case to the victim B by phoneing the victim B at the lower court, stating that “The production cost is urgently 100 million won as the production cost is insufficient to make a set of Category D’s Twit within the jurisdiction of the Party C, which is operated by the Party C. The Defendant would make an investment of 50% of the sales amount after making an investment as profit.”
However, there was no specific progress in the production of a new set of Da in order to determine the shortage of production costs at the time. The defendant was not only liable for a large amount of debt to the branch of the household at the time, but also property situation was not good as the deposit balance of his own account was in the state of maths. As a result, when the funds were insufficient in the operation of the above affiliated company, the defendant received money from the victim and thought that it was used for the management expenses of the affiliated company or personal debt repayment that is irrelevant to the production of the affiliated company, and there was no intention or ability to produce a new set of Da by using the victim's money.
The Defendant, from the victim on Nov. 5, 2008 and Nov. 24, 2008, respectively, received KRW 20 million and KRW 15 million from the victim to the above single bank account on Nov. 5, 2008 and Nov. 24, 2008, respectively, and received KRW 50 million from the F on Nov. 5, 2008 and Jan. 13, 2009, respectively.
Accordingly, the defendant was given property by deceiving the victim.
2. Determination
A. The Defendant asserts that the victim did not request or deception to the effect that “the payment of investment funds for the sale of D” is “the payment of investment funds for the sale of D,” and that it was not possible to repay the investment funds already consumed by D after receiving the investment funds from the victim, and that he did not intend to acquire the investment funds of the victim.
B. According to the record of recognition, the following facts can be acknowledged.
1. An investment.