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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. The Defendant is engaged in the production of advertising videos in the instant facts charged. On March 2016, the victim C’s practice room located in Daegu Suwon-gu, Daegu-gu, as of the end of March, 2016, the Defendant made a false statement to the effect that “I will overcome cerebrovassis and make the daily atmosphere of the width who is a professor at D University E at D University. The film production cost requires a total of KRW 4 billion, but the scenario author will make a film if I make an investment of KRW 100 million at the cost other than the interference cost.”
However, at the time, the Defendant had a financial right amounting to KRW 40 million, and even if the account balance was merely KRW 45,00,000 and received money from the victim, it was the Defendant’s intent to use it as the personal debt repayment or cost of living, and there was no intention or ability to avoid the scenario author.
As above, the Defendant, by deceiving the victim, received cash KRW 20 million from the victim under the pretext of his/her investment on April 8, 2016, and received KRW 100 million in total from the victim under the same name on April 15, 2016.
(Public Prosecutor specified the applicable provisions of the facts charged in this case as "Article 347 (1) of the Criminal Act" (Article 347 (1) of the Criminal Act).
(a) The deception, which is a requirement for fraud, refers to all affirmative and passive acts that have to abide by each other in property transactional relationships.
It is not necessarily required to make false indications on the important parts of the juristic act, but it is sufficient to say that it is the basis of judgment for the actor to perform the act of disposal of property that the other party wishes by omitting the other party's error.
Therefore, in cases where it is recognized that the other party to a transaction would not engage in a transaction if he/she received a notice of certain circumstances, a person who receives property in such transaction shall be notified of such circumstances in advance to the other party in accordance with the principle of good faith.