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The prosecutor's appeal is dismissed.
Reasons
1. Of the facts charged in the instant case, it is difficult to see that the victim was unable to receive money, despite knowing or forecasting the fact that the victim was unable to receive money, and at the time, the Defendant was accused of a criminal charge in relation to the borrowed money and invested money received prior from D, and the sales of the sports center operated by the sports center was making it difficult to do so, even if it was borrowed money from the victim, it is deemed that the Defendant did not have the intent or ability to pay money, and therefore, the intent of the crime of defraudation is sufficiently recognized.
In addition, regarding the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), there was no provision that service charges should be paid as government-funded funds in the system development service contract concluded between the defendant and the victim.
Even if it was necessary to secure other financial resources because of the situation in which government funds have not been provided at the time, it can be deemed that there was a criminal intent to obtain the cost of fraudulent service, and in view of the winning of the lawsuit filed by the victim against the defendant, fraud is established against the defendant even in view of the winning of the lawsuit filed by the victim.
Nevertheless, the court below rendered a not-guilty verdict on all the facts charged of this case. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.
2. On May 19, 201, the Defendant, at the Seoul East Eastern District Court, was sentenced to a suspended sentence of one year for a crime of fraud at the Seoul East Eastern District Court, and the judgment became final and conclusive on January 12, 2012, and is currently under a suspended sentence.
On January 2009, the Defendant, as the representative director of C, operated two sports centers, and was preparing for the business of providing sports and health-related services to the members of the sports center and the VIP customers in Han Bank.
(b).