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The prosecutor's appeal is dismissed.
Reasons
1. The fact that the defendant borrowed 230 million won and 150 million won and 230 million won and 150 million won and 230 million won and 230 million won and 230 million won and 230 million won and 200 million won and 150 million won and 200 million won and 3.0 million won and 15 million won and 3.0 million won and 2.0 million won and 2.0 million won and 3.0 million won and 15 million won and 2.0 million won and 2003 million won and 200,000 won and 20,000 won and 20,000 won and 2.
In addition, according to the victim's statement, it is recognized that the borrowed name is actually the name of E's business fund, and that the defendant did not properly notify the victim of the financial standing and management status of E. Although the facts charged in this case are sufficient to prove, there is an error of misunderstanding of facts in the judgment of the court of original judgment
2. Summary of the facts charged in this case
A. On November 15, 2005, the Defendant served as a management director of E Co., Ltd. (hereinafter “E”) from December 26, 2003 to March 2006. On November 15, 2005, the Defendant made a false statement to the victim D that “The funds for the operation of the company are necessary. The company’s products are in a warehouse, and the money is in a warehouse. There may be money. There may be money. The Defendant borrowed KRW 230 million. There are two months.”
However, at the time, E got out of the shortage of funds, and it was impossible to borrow money from the bank because it was not possible to lend money as a credit loan, and there was no object to provide as a collateral. Therefore, even if the Defendant borrowed money from the victim, the Defendant, despite having no intention or ability to repay money, obtained money from the victim who believed it as true, by allowing the victim to deliver KRW 230 million to the above E on November 15, 2005.
B. On December 14, 2005, the defendant's fraud around December 14, 2005 requires "the company operation fund" to the victim D on December 14, 2005.
Only KRW 150,000,000,000,000.