Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

가. 피고인 ⑴ 사실 오인 ㈎ 2010. 12. 14. 자 사기의 점에 관하여 피고인은 피해자에게 ‘ 관련 사업을 위하여 E에게 돈을 지급해야 하는데, 일단 3,000만 원 정도를 투자하는 것이 어떻겠냐

“The victim proposed to do so,” and the victim directly remitted 30 million won to E, and the defendant did not make any false statement as stated in the facts charged, and the defendant did not have the intent to commit the crime of defraudation.

㈏ 2010. 12. 28. 자 사기의 점에 관하여 피고인은 D 박물관 이전사업에 관하여 사용하겠다고

On the other hand, after borrowing KRW 75 million from the injured party, all of the above KRW 75 million was disbursed in connection with the D Museum transfer business, and the injured party was well aware that the Defendant spent the above money for the said business in the course of performing the pertinent duties together with the Defendant. As such, the Defendant did not have any criminal intent to obtain fraud, and the Defendant did not have any sufficient means to repay the money from the injured party at the time of borrowing the money, since the Defendant was holding the cash of KRW 100 million or more around August 201.

Shebly Sentencing Sentencing (one year of imprisonment) of the lower court is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. Determination:

A. According to the evidence duly adopted and examined by the court below as to the Defendant’s assertion of mistake of facts, the Defendant did not send KRW 420 million to E, and even if the Defendant did not have any intent or ability to normally conduct business at the time and borrowed money from the injured party, it can be sufficiently recognized that the Defendant did not have any intent or ability to complete payment, and that the Defendant had any intent to commit fraud.

Therefore, this part of the defendant's argument is without merit.

The above point is about the fraud on December 28, 2010.