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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is as follows: (a) although the defendant prepared money through E, a paper, to lend money to the victim as security; (b) although E did not comply with the promise with the victim; (c) the defendant paid approximately KRW 62 million to the victim; and (d) the defendant did not deception the victim; and (e) the defendant did not intend to acquire the victim, but was guilty of the facts charged of this case on a different premise, the judgment of the court below which found the defendant guilty of the facts charged of this case on a different premise is erroneous and adversely affected the conclusion of the judgment.
2. Determination
A. On May 7, 2015, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud at the Seoul Northern District Court on the part of May 7, 2015, and the judgment became final and conclusive on December 29, 2015.
On July 23, 2014, the Defendant told the victim D to the effect that “The Defendant may borrow two 1kg dubs and 500 million won from the front of the exit area No. 11, which is located in the Female-dong, Yeongdeungpo-gu Seoul Metropolitan Government.”
However, the defendant did not have the intention or ability to have the victim borrow KRW 500 million even if he/she received a barb from the victim.
The Defendant received from the victim about KRW 90,000,000,000,000 from the market price in the same place.
Accordingly, the defendant was given property by deceiving the victim.
B. We examine the following circumstances found by the evidence duly adopted and investigated by the lower court: (i) the victim delivered two dubs in this case at the investigative agency upon requesting the financing of KRW 500 million to C on July 22, 2014; and (ii) C returned the dubs in this case on the ground that it is difficult for it to raise KRW 500 million; (iii) the victim was re-issued the dubs in this case on the same day; and (iv) the statement that KRW 500 million was created from C on the same day, and (v) around 11:00 on July 23, 2014, the Defendant was sent together with C on the same day.
At the time, the defendant has prepared money, so 30 minutes.