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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is that the Defendant had the ability or intent to pay the proxy driving fee to the victim, and thus, the Defendant is not recognized to have the intent to acquire by deception, but the court below found the Defendant guilty of the facts charged in this case. The judgment of the court below
2. Determination
A. On June 22, 2017, the Defendant: (a) around 05:29 on June 22, 2017, the charge of the instant case: (b) around Duds in Busan, Busan, the Defendant: (c) had the victim E (39) drive the Defendant’s vehicle on behalf of the Defendant to G hotel located in F; (d) had the victim E (39) drive the Defendant’s vehicle on behalf of his/her behalf without any intent or ability to pay the substitute driving fee; and (e) obtained pecuniary benefits equivalent to the same amount as the Defendant did not pay the substitute driving fee.
B. The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the evidence presented in its judgment.
(c)
1) The criminal intent of defraudation, which is a subjective constituent element of fraud, of the relevant legal doctrine, should be determined by comprehensively taking into account the objective circumstances such as the financial history, environment, details and details of the crime before and after the crime, and the process of transaction execution, unless the defendant is led to confession (see Supreme Court Decision 2008Do11718, Apr. 9, 2009, etc.). 2) The judgment of the court below and the evidence duly adopted and investigated by the court below and the trial court are acknowledged as follows.
① On June 22, 2017, the Defendant: (a) sent a substitute engineer who can drive K agency to “Slsan Slsan Slock,” through a singing room operator; (b) moved to the “L hotel” in which the victimized person was the Defendant after receiving the said dispatch; and (c) the commission calculated at the time of the said dispatch was KRW 23,00,00.
② In front of the above “L hotel”, the victim, the defendant, and the female infinite name were aboard the Defendant’s vehicle, followed by the Defendant’s destination as “G hotel” in the immediate place of the victim.