사기
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (fact-finding) is that the Defendant provided the complainant with relevant documents, such as “written outline of the acquisition and alteration of the H apartment acquisition business,” and provided sufficient explanation of the consulting agreement with the victim on the acquisition of H apartment, and received KRW 5 million according to the investment agreement with the victim. Since the consulting agreement was not concluded due to unexpected circumstances, such as the decrease of the Chinese tourist due to the sloping mar assignment, which is an important matter of the consulting agreement, such as the conclusion of the pre-lease settlement, it was not possible for the Chinese tourist to conclude the “pre-lease settlement”, the Defendant did not deceiving the victim, nor
2. The lower court acknowledged the following facts based on the evidence duly adopted and examined by the lower court: (i) the victim rejected the Defendant’s request for loans on several occasions on March 2017 (the victim stated in the lower court’s court that the funds were not sufficiently sufficient in opening a restaurant business at the time of the commencement of the restaurant business); (ii) the Defendant directly sought the victim with relevant documents and an investment agreement in the name of the victim prepared in advance on March 28, 2017; (iii) “I would prepare a consulting contract within one month; (iv) I would make an investment of KRW 5 million from the consulting fee to be received in the future; and (v) “I would make an investment of KRW 50 million from the consulting fee to be received in the future”; and (iv) the victim provided the Defendant’s repeated request at the time of the victim’s explanation, but did not know the content of the project or the process of the investment.
The defendant's promise to give 50 million won out of the fees to the short-term period of May 10, 2017, which is more than one month thereafter, was to deliver money to the defendant's promise to give 50 million won, and 30 million won only to the defendant.