사기
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (misunderstanding of the facts) is as follows: (a) Defendant 1 did not demand money from the Corporation and the victim by deceiving; (b) at the time of the next use, Defendant 2 had a claim for the lease deposit amounting to KRW 50 million and the cost of KRW 100,000,000,000,000,000,000,000 won was directly operated by Defendant; and (c) Defendant had a claim for the lease deposit amounting to KRW 60,000,000,00
2. Determination:
A. The criminal intent of defraudation, which is a subjective constituent element of fraud, has to be determined by comprehensively taking account of the objective circumstances, such as the Defendant’s financial history, environment, details of the crime, and the process of performing transactions before and after the crime, unless the Defendant makes a confession. The criminal intent is sufficient not to have a conclusive intention but to have dolusent intent (see, e.g., Supreme Court Decision 2008Do1697, Jun. 23, 2009). In addition, in a case where one person used the money borrowed money from the damaged person in a very doubtful situation with his/her ability or intent to make repayment due to cumulative excessive debts, while it is acknowledged that he/she borrowed money from the damaged person with hiding such fact, there was a criminal intent of defraudation
The following circumstances can be seen (see Supreme Court Decision 2006Do2970, Sept. 22, 2006). (b) Taking full account of the following circumstances, which can be recognized by the evidence duly adopted and investigated by the court below, the defendant deceivings the victim without the intention and ability to repay, and sufficiently recognizes the fact of deceiving the victim from the victim on February 23, 201.
1) At the time of borrowing the instant loan, the Defendant had operated the H T-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S
On February 2, 2011, the Defendant is an enterprise bank, our bank, and our bank under the name of the Defendant.