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The prosecutor's appeal is dismissed.
Reasons
1. With respect to the part concerning fraud of the grounds for appeal, the victim and H’s statement that the Defendant directly bears the remainder other than the part paid by the victim out of the purchase price of the ship and purchased the ship and completed the registration thereof. In light of the fact that the victim bears additional expenses, such as expenses for establishment, repair, etc. of a company in addition to the purchase price of the ship, and thus, the share ratio of the ship can be deemed to have been set at 70%. Thus, the victim and H’s statement that the Defendant would bear 50%
In addition, in relation to the fraudulent part of the borrowed money, the defendant's delivery or borrowing of money is clear, and the credibility is recognized because the statement of the victim, H, and I related to the circumstance is not specific and inconsistent.
Therefore, the lower court erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.
2. Determination
A. A. Around August 26, 2011, the summary of the facts charged of the instant case (1) the Defendant, by fraud, concluded that the Defendant would have made a false statement to the victim C, stating that “The Defendant would dispose of the fishing vessel at D Company,” at the opening-dong branch of the Korean bank located in the Busan-gu, Busan-gu, Busan-do, to dispose of the fishing vessel. The indication of “$ 120,000 (hereinafter referred to as “US”) is needed urgently to pay money, so it is possible to operate the vessel immediately because the fishery permit is issued. The Defendant would have to bear USD 60,000 if the Party bears USD 60,000. When it purchases a vessel and operates the vessel jointly.” In other places, the Defendant would have made a false statement to the effect that “The purchase should be made as soon as possible.”
However, even if the defendant received USD 60,00 from the victim, he did not have any funds to pay the remainder of the ship price, and he did not have any intention or ability to raise the profits of the victim by operating the ship with the above ship.