사기
The prosecutor's appeal is dismissed.
1. From October 2008, the summary of the grounds for appeal, around 2008, the complainant stated that “The complainant would not deliver the amount to the defendant if the defendant would have expressed his true use of the money,” the defendant considered KRW 50 million as above, and considered that the defendant would have expressed his opinion to the defendant that he would be more likely to request the defendant to pay a large amount of money, and that the defendant would have received a large amount of money from the defendant, and that the defendant would have received a large amount of money from the defendant's personal account at around 2008, the defendant would not have expressed his opinion to the defendant that he would have received a large amount of money (e.g., this name, "G"; hereinafter referred to as “D”); that the defendant would have expressed his opinion to the defendant that he would have received a large amount of money from the defendant's personal account at around 208, and that the defendant would not have expressed his opinion to the defendant's personal account at around 2008 when he received a large amount of money from the defendant's account.
Nevertheless, the court below judged that it is difficult to recognize the criminal intent of defraudation by the defendant. Therefore, the court below erred by misunderstanding the facts and affecting the conclusion of the judgment.
2. Determination
A. The court below held that the defendant's investment in F and the complainant in relation to the production of D refers to the purport that "I will make 100 million won in connection with D's production, and will guarantee 50% of the revenue if I make a profit," and it can be recognized that the complainant remitted the amount of KRW 50 million to the defendant, but the agreement between the defendant and the complainant that the defendant would receive KRW 50 million from the complainant upon the introduction of F is to guarantee the loan agreement or the principal on which the date of repayment set.