사기등
A defendant shall be punished by imprisonment for three years.
A. The Defendant and the victim received KRW 27 million in total from the victim as indicated in the attached list of crimes (1) but this does not mean that the Defendant and the victim received the above money from the victim as the repair cost and the victim’s living cost related to the business of the two excursion ships (AI and X) that had been purchased on two occasions in January and April 2014.
B. According to the victim H’s testimony and statement at an investigative agency, although the defendant and the victim engaged in a partnership business using two wire lines, the defendant did not bear the expenses incurred in relation to the business, and the victim did not spend the relevant expenses (Evidence No. 553,554 pages). According to the AG dialogue between the victim and the victim, when the defendant received money as stated in the AG table (Evidence No. 1) from the victim, it is confirmed that the victim “*** in loan? in loan” was confirmed several times (Evidence No. 1181 through 193 of the Evidence No. 1193 of the Record). The victim’s statement to the effect that the defendant borrowed KRW 30 million from the victim on December 23, 2014 to the victim on July 24, 2014, it is difficult to say that the defendant received KRW 300,000 from the victim and paid it to the victim on 2014,714.204.74.204.
In light of the above evidence, this part of the crime is sufficiently recognized.