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The prosecutor's appeal is dismissed.
Reasons
1. On July 29, 2013, the Defendant stated that “Around July 29, 2013, the Defendant borrowed a promissory note with full payment as sold by the machinery from the G office operated by the victim F in the Chungcheongbuk-gun E” to the victim, “Around July 29, 2013, the Defendant would refund the bill by the due date.”
However, the Defendant was not able to pay the amount equivalent to KRW 8 million to KRW 9 million to H for about nine months, and even if the Defendant borrowed a promissory note from the damaged party, the Defendant did not have any intent or ability to repay the amount equivalent to the amount of the promissory note by the due date.
In such a situation, the Defendant, as such, by deceiving the victim, was issued one copy of a promissory note with a face value of 5,3350,000 won issued in the name of G representative I (hereinafter “the Promissory Notes”).
Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.
2. The gist of the grounds of appeal is that the Defendant received the Promissory Notes from the injured party for the purpose of paying the pertinent Promissory Notes by camping back to the trial of the party in question, and claims that it is difficult to accept the Promissory Notes on the pretext of the delivery, and immediately uses the Promissory Notes for personal purposes, such as repayment of the loan principle, etc. after receiving the Promissory Notes, the Defendant may sufficiently recognize that the Defendant did not have the intent to pay the Promissory Notes to the injured party at the time of delivery of the Promissory Notes.
If so, as the court below decided, the defendant had sufficient capability to pay the above amount of the bill at the time.
Even if the bill of this case is delivered without the intention of repayment, the establishment of fraud can be recognized.
Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous and adversely affected the conclusion of the judgment.