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The prosecutor's appeal is dismissed.
Reasons
1. Summary of the facts charged
A. On February 2, 2011, the Defendant made a false statement to the victim D that “The Defendant would have the Defendant receive a loan through the U.S. Financial Loan Foundation for Low-Credit Companies operated by the Government” at the office operated by the second floor of the Ilyang-dong, Yongsan-gu, Busan Metropolitan City.”
However, the defendant did not have the intention or ability to get the loan even if he received the loan brokerage fee from the victim.
Nevertheless, the defendant deceivings the victim as such and received 600,000 won from the victim, namely, a loan brokerage fee.
B. Around June 20, 2011, the Defendant changed the service fee of KRW 50,000 to the victim D to obtain a loan of KRW 50,000 from the victim at the same place as the foregoing paragraph 1 and made a false statement.
However, the defendant did not have the intention or ability to get the loan even if he received the loan brokerage fee from the victim.
Nevertheless, the defendant deceivings the victim as such and received 200,000 won from the victim, namely, a loan brokerage fee.
2. The summary of the grounds for appeal is that the accused, even though he did not have the intention or ability to arrange the loan to the victim by means of a regular method, by deceiving the victim and defrauding the loan brokerage fee
3. The crime of fraud under Article 347(1) of the Criminal Act is established by deceiving a person to receive property or to acquire pecuniary benefits. The causal relationship between deception and the delivery of property should be recognized. The evidence duly investigated and adopted by the court below should be comprehensively taken into account. In other words, the following circumstances, which can be seen by the defendant, ① use the business lease agreement or business registration certificate prepared by the defendant to pretend that the defendant did not have an intent to actually engage in business or to use it as a place of business, even though the victim did not intend to actually engage in business,