beta
Text
The prosecutor's appeal is dismissed.
Reasons
The gist of the prosecutor's appeal is that the defendant borrowed money from the complainant under the name of consolation money and family living expenses, and most of the defendant used his personal card arrears and loans for the defendant's living, and the complainant did not know the above circumstances. The defendant did not properly notify the F and the complainant of his financial situation, and the defendant borrowed the money of this case as if he would be able to repay the money immediately if he contributed to the film or drama by using the statements of celebrity as an artist without notifying the F and the complainant of his financial situation. Thus, the court below acquitted the defendant, although the defendant did not have the intent or ability to repay the money, and it could sufficiently recognize that he borrowed money of 230 million won by deceiving the F and the complainant, and thus the court below acquitted the defendant. The court below erred in the misapprehension
Judgment
A. On June 22, 2016, the summary of the facts charged in the instant case was sentenced to six months of imprisonment for fraud at the Busan District Court’s Dong Branch, and was currently pending in the appellate court at the Busan District Court, and was contributing to the film, such as “D,” etc. in the name of a person who is an artist and film distribution, not a fixed import, but a money borrowed from a bank, a capital, a branchr, etc. with living expenses, etc. is equivalent to 300 or 400 million won. The Defendant did not have any intent or ability to repay, even if he/she borrowed money from the husband F (Ga) of the victim E and the victim E, who was aware of 10 million won or more in the society, from the victim E, even if he/she borrowed money from the victim E.
1) On August 2013, 2013, the Defendant issued consolation money to F and F to F and F at a non-permanent place located in Busan, Busan, the date of August 2013.
Along with money lending, it was false that it would be repaid at a prompt time.
However, it is true that the defendant borrowed money from the victim E through the above F.