사기
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (the factual error) stated that the investigative agency consistently stated that the victim was unable to receive the price of ginseng, etc. from the defendant from the defendant, while the defendant is consistent with the defense and does not submit any objective evidence to support his/her own defense. In such a case, the court below erred by misapprehending the fact that the defendant was guilty of the crime of deceitation at the time of each of the crimes of this case, and thereby affecting the conclusion of the judgment.
2. Determination
A. The summary of the facts charged in this case 1) The Defendant, at the E Union located in the permanent domicile of North Korea on November 11, 2008, told the victim F to pay the price immediately after the day following the date on which he sold ginseng and ginseng on credit. However, even if the Defendant was supplied with ginseng and ginseng by the victim, he did not have the intent or ability to pay the price. The Defendant, by deceiving the victim, was issued by the victim an amount equivalent to KRW 1,089,00,000 in total of KRW 313 and KRW 1,390,000 in the relevant place, and KRW 1,089,000 in total, at the end of 7.5,000,000 from the victim’s place as before March 28, 2009.
However, the defendant did not have the intention or ability to pay the price even if he was supplied with the seed ginseng from the victim.
The Defendant, as such, by deceiving the victim, received 789 ginseng bonds equivalent to KRW 24,767,00 from the victim’s place of residence.
B. The lower court determined that the Defendant and the victim traded a total of KRW 200 million over four years from around 2006 to around 2009, and the victim did not receive the price and filed an objection against the Defendant on November 11, 2008.