사기
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (1) misunderstanding of facts in order to proceed with the development of the dynamic system with the victim, and to receive KRW 10 million as part of the development costs, but the above amount is not paid as a gold-making expense, as alleged by the victim, but at the time, the defendant was willing and was capable of developing the relevant mass removal machine, and the defendant was actually engaged in the development of the relevant mass removal machine as promised by the victim, but the design was modified several times at the victim's request, and the development of the attached mass removal machine was carried out in addition, and the product development was delayed, and the final product development was not achieved at the victim's request for the cancellation of the contract. However, the court below erred by misapprehending the fact and finding the defendant guilty.
② Even if the lower court’s conviction of an unreasonable sentencing sentence is recognized, the penalty (five million won of a fine) imposed on the Defendant is too unreasonable.
2. Determination
A. In full view of the following circumstances that can be recognized by the evidence duly adopted and investigated by the court below, the defendant can fully recognize the fact that the defendant acquired money from the victim under the pretext of production costs as stated in the facts charged even though he did not have the intent or ability to develop the quality removal machine of this case. Thus, this part of the defendant's assertion is without merit.
① When the victim was at the investigative agency and the court of the court below whether the victim could make a dynamic system against the defendant around January 201, 201, the amount of KRW 50 million is required from the defendant as gold production costs. If the victim bears KRW 10 million among them, he/she would complete the development of the product until July 201, and would have the right to sell the U.S. to H operated by the victim in the U.S., and he/she would have the right to sell the U.S. on March 25, 2011.