(영문) 서울서부지방법원 2013.11.05 2013노519

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(영문) 서울서부지방법원 2013.11.05 2013노519

사기

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The prosecutor's appeal is dismissed.

Reasons

1. The lower court determined that the crime of fraud was not constituted as illegal consideration, since the victim provided investment money to the Defendant with the knowledge that the purpose of the business was the operation of an illegal Internet gambling site.

However, even though the victim was unaware of the fact that the Internet gambling site of this case was illegal, and even if he was aware of the fact, the defendant was found not guilty of the defendant since he did not run the Internet gambling site at all after he was invested by the victim, and the defendant was found guilty of the crime of deception. In this regard, the judgment of the court below is erroneous in the misunderstanding of facts and misunderstanding of legal principles.

2. Determination:

A. The issue of this case’s deception stated in the facts charged is that even if the defendant received money from the victim for the purpose of investment in the Internet game, he did not have the intent or ability to properly conduct the Internet game business with the victim, he received KRW 32 million as investment money from the victim.

Therefore, in order to be found guilty of the facts charged of this case, it should be proved that the defendant did not have the intent or ability to run the Internet game business even if he received KRW 32 million from the victim as investment money.

Although the lower court did not constitute a crime of fraud in the case of illegal consideration, the lower court stated that the crime of fraud is established if the Defendant, from the beginning, deceiving the victim without the intent to spend funds for the same business purpose.

However, if the defendant actually received money as an intention to use the money, it is not necessary to examine whether fraud is established in the case of illegal consideration.

B. The evidence of criminal facts in the relevant criminal litigation doctrine is presented by the prosecutor, and the criminal defendant's prosecution is unreasonable.

유사 판례

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