Whether fraud is recognized solely by the fact of nonperformance

Even in cases where the defendant decided to sell scrap metal from the removal of the office building to the victim at a price lower than the market price, and received the money from the son in advance as the advance payment for the scrap metal, it cannot be deemed that the victim was unaware solely on the fact that the victim was unable to purchase scrap metal from the defendant, unless there is any evidence that he/she was deceiving.

Article 347 of the Criminal Act

Defendant

Defendant

Busan District Court Decision 83No110 delivered on May 19, 1983

The judgment below is reversed, and the case is remanded to Busan District Court Panel Division.

The grounds of appeal are examined.

According to the records, the defendant decided to sell the scrap metal from the gold dynasium removal work in the dong-gu's hot spring road from the Kim mobilization at a lower price than the market price to the victim hynasium, and received 3 million won from the victim hynas in advance payment for the scrap metal. However, even after examining the evidence used by the court below, there is no conclusive data that the defendant acquired the said money by deceiving the defendant from the above hynasium removal work by deceiving the above hynasium.

As a result, it can only be inferred that the defendant could not purchase the scrap metal from the testimony or statement of the witness best right, and thus, it cannot be the crime of cutting down the facts of fraud. Thus, the judgment of the court below is reasonable in that the defendant committed the crime of fraud without any evidence.

Therefore, the judgment of the court below is reversed and remanded, and it is so decided as per Disposition with the assent of all Justices involved.

Justices Jeon Soo-hee (Presiding Justice)