사기
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is that the Defendant was in a state of bad credit standing at the time when receiving money from the victim, and was urged to repay debts, such as delinquency in the office monthly rent, etc., and the Defendant used the money received from the victim as rent and living expenses, etc., and there was no sufficient means to repay the money up to now, such as failing to pay it up to now, and the Defendant did not guarantee that the Defendant was elected as the president of the HAssociation at the time, and the film system was not an obvious situation where it can be held normally. In light of the above, the Defendant could fully recognize the Defendant’s criminal intent to obtain money, and the lower court erred by misapprehending the fact, thereby not guilty
2. Determination
A. On November 14, 2010, the Defendant stated that “The likelihood of being elected by the president of the H Association in December 2010 is 100%” to the victim E’s representative director F and investors G at the office located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul. On the other hand, the Defendant made a false statement that “I film festivals and J film festivals will be returned immediately if his election is not held.”
However, in fact, the defendant was not elected as the president, and the defendant did not have any particular income as a bad credit holder, and the office rent used was in arrears, and was instructed to demand repayment, and thus, he was thought to be used for debt repayment even if he received money from the victim, and there was no intention or ability to return the deposit if the victim did not have the right to proceed with the film festivals or is unable to do so.
The Defendant, as such, by deceiving the victim, received a total of KRW 50 million from November 18, 2010 to December 10, 2010, from the Defendant’s national bank account in the name of the Defendant three times from November 18, 2010 to the Defendant’s bank account.
(b).