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The judgment below
Among them, the part on the fraud of August 11, 2002 is reversed.
Defendant 1,000,000 won.
Reasons
1. Comprehensively taking account of the evidence presented by the prosecutor, the defendant borrowed KRW 15 million from the victim on September 11, 2002 as stated in the facts charged, and the defendant could sufficiently be recognized as having no intention or ability to repay to the defendant at the time of borrowing money from the victim on August 11, 2002 and September 11, 2002, but the court below found the defendant not guilty of the facts charged of this case by misunderstanding the facts and adversely affecting the conclusion of the judgment.
2. Summary of the facts charged in this case and the judgment of the court below
A. The summary of the facts charged in this case is a corporate cause. On August 1, 2002, the defendant is liable for the debt worth KRW 30 million to KRW 40 million to KRW 40 million, while there is no special property, and even if he borrows money from the victim C, he does not have the intent or ability to repay it. (1) On August 11, 2002, the victim's house located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, "I would like to repay the principal and interest without representation if I borrowed KRW 20 million from the victim's house." The defendant received KRW 20 million from the victim's house for the borrowed money and received it from the victim, and (2) around September 11, 2002, he can receive the money from the victim with the money borrowed KRW 15 million to the victim and then receive it from the victim's house under the name of the victim's profit, and then he can not receive it from the victim's house.
B. As to the judgment of the court below, the court below found the defendant not guilty on the ground that it is difficult to conclude that the evidence submitted by the prosecutor alone that the defendant had intentionally acquired money from the victim without intent or ability to repay the borrowed money, or that the defendant borrowed 15 million won from the victim on September 11, 2002.
3. Judgment of the court below
A. Determination on the fraud of September 11, 2002