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The prosecutor's appeal is dismissed.
Reasons
The summary of the grounds for appeal (the fact-finding) is that the defendant belongs to the ability to repay to the victim, repayment plan, etc. and acquired money from the victim.
However, the court below rendered a not guilty verdict on the facts charged of this case. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.
Summary of the facts charged of this case
A. A. On May 2009, the Defendant made a false statement to the victim D’s residence in Busan-gu, Busan-gu, stating that “The Defendant loaned money to the victim to the extent that there is a need to pay the expenses for the Amari Hospital, and that there is an insurance premium for the insurance premium for the insurance sold by the domestic government.” The Defendant joined the system and paid the money to his/her husband by receiving the time limit money, or his/her husband and wife will pay the money to his/her husband and wife with his/her graduation from the university.”
However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it.
The Defendant, as such, by deceiving the victim, received KRW 14.5 million from the victim’s occupation.
B. Around June 2010, the Defendant made a false statement that “five million won shall be lent to the victim at the victim’s residence” (around June 2010, the Defendant had not yet been given a five million won grace period, but would receive five million won a five million won grace period after the month.”
However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it.
The Defendant, as such, by deceiving the victim, received five million won from the victim’s seat.
C. On December 2010, the Defendant made a false statement that “If only 500,000 won is loaned to the victim, the Defendant would immediately be paid the time limit deposit to the victim” on the 11st floor of the E building located in Busan Yagu.
However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it.
The defendant deceivings the victim and is under his control.