사기
The defendant's appeal is dismissed.
All the costs of the original judgment and the trial shall be borne by the defendant.
1. The lower court’s scope of trial in this Court: (a) partly accepted the part of KRW 14.4 million among the application for compensation order filed by the applicant for compensation; and (b) the applicant for compensation cannot file an objection against the judgment dismissing the application for compensation pursuant to Article 32(4) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings; and (c) thus, the dismissed part is excluded from the scope
2. The summary of the grounds for appeal (the fact-finding) was without deceiving the victim, and there was no intention to acquire the victim by fraud.
3. Determination
A. The deception, as a requirement for fraud, is an affirmative or passive act that has a good faith and sincerity to comply with each other in the transactional relationship, causing mistake to a person. It is sufficient that the other party does not necessarily have to be involved in an important part of a juristic act, and that it is sufficient that the other party is about the basic facts of the judgment for conducting an individual disposal act.
In addition, as long as the defendant does not make a confession, the criminal intent of defraudation, which is a subjective constituent element of the crime, shall be determined by taking into account the objective circumstances such as the defendant's financial history before and after the crime, the environment, the details and contents of the crime
(see, e.g., Supreme Court Decision 2013Do56, Mar. 28, 2013).
According to the evidence duly adopted and examined by the lower court, the Defendant made an investment of KRW 36 million to the G Corporation at the present elementary school (hereinafter “instant construction”) around July 28, 2016, with the amount of KRW 1080,000,000, which is equivalent to 3600,000 per month’s investment revenue, for one year, and immediately return the investment principal after three months,” and “A entered into a contract for carrying out the G construction from August 7, 2016, with the commencement of construction work more than two years,” and “A will not receive any investment because there are a large amount of money.”