사기
The prosecutor's appeal is dismissed.
1. In light of the statement in the court of the court below by the regular J of the case of the victim limited partnership I (hereinafter “victim company”), the statement in the loan support agreement, and the amount of the funds lent by the victimized company, the defendant can be recognized as deceiving the victimized company to exclusively supply alcoholic beverages in accordance with the mutual restructuring of “D”. The defendant acquitted the victimized company of the facts charged in this case even though he did not have the intent and ability to repay within 10 months even if he borrowed the funds from the victimized company.
2. From June 2011, the Defendant is a person who had operated the business (BAR) with the trade name “D” on the second floor of the Seo-gu Seoul building in Gwangju, Seo-gu.
On February 2, 2012, the Defendant, in the Seo-gu, Seo-gu, Gwangju, and the fourth floor, was willing to operate an entertainment tavern in the name of “F” in the name of “H” and “H” in the middle-gu, Gwangju, Seo-gu, Gwangju, and the fourth floor on the ground that he was willing to borrow money on the basis of the condition that he would be able to exclusively supply alcoholic beverages to the JJ, who had been aware of the fact that he had worked as a regular director at the damage company of alcoholic beverage wholesale business, and would be able to pay KRW 40,000,000,000,000 from around that time when he was preparing for opening a business, such as printing a place where he was in operation of a entertainment bar
On March 1, 2012, the Defendant stated that the said J “D” means that “When it makes transactions with K, which is an existing liquor supplier, and is exclusively supplied with D, it shall take over the shares of its partners as “D,” the Defendant shall take over the shares of its partners, and if it lends only KRW 50,000,000,000 to its partners, it shall be entitled to exclusively supply alcoholic beverages as “D” by acquiring the shares of its partners, and on April 10, 2012, the victim company between J and the said I at the said I office.