A. The Defendant’s violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) (criminal facts stated in the judgment below) is liable for the repayment of KRW 2 billion to the Korea Deposit Insurance Corporation, which is the bankruptcy officer, due to the Defendant’s crime in this part, so the above KRW 2 billion should be deemed as property gains acquired by the Defendant.

In addition, since the financial situation of the D Group (hereinafter “E”), F Co., Ltd. (hereinafter “F”), G Co., Ltd. (hereinafter “G”), and H, etc.) or the Defendant’s financial situation has considerably deteriorated, it is recognized that the Defendant has the criminal intent of defraudation.

However, the judgment of the court below which acquitted the Defendant of this part of the facts charged is erroneous and erroneous.

B. The circumstance that the injured party requested the Defendant to purchase shares of O Co., Ltd. (hereinafter “O”) is not an obstacle to the establishment of a crime of fraud. Even if considering the close personal relationship between the Defendant and the injured party, the Defendant played a leading role, such as determining terms and conditions, procedures, etc. for the sale of shares, and the Defendant did not have the intent or ability to pay the purchase price to the injured party at the time. In light of the fact that the injured party was involved in a mistake in his/her own ability, the intent of the Defendant’s deception or deception is recognized.

However, the judgment of the court below which acquitted the Defendant of this part of the facts charged is erroneous and erroneous.

2. Determination

A. The lower court’s judgment based on the following circumstances acknowledged by the evidence duly adopted and investigated, etc., based on the evidence submitted by the prosecutor alone, has the intent to commit a crime by deception or acquired the defendant’s property.