사기
The prosecutor's appeal is dismissed.
1. According to the statement of the victim and the content of the balance analysis sheet corresponding to the statement of the reasons for appeal, it is sufficiently recognized that the defendants, by making a false statement that "the amount invested up to 700 million won is 100 million won and 100 million won is able to proceed with the business, and 50% of the profits is able to be paid if the investment is made, and there is no reason to reject the statements of the victim."
Nevertheless, the judgment of the court below which acquitted the Defendants on the charge by reliance on only the defense of the Defendants is erroneous in misconception of facts.
2. Determination
A. The summary of the facts charged is a person who has operated a design office C (hereinafter “instant design office”), and Defendant B is a person who has attempted to work at the design office A.
In the design office of this case around May 14, 2015, the Defendants shown that “The Defendant Company A is running a business to purchase the forest land in emulation and develop the factory site into the factory site (hereinafter “the instant business”). The Defendant Company A was transferred KRW 1.5 billion from the victim’s bank account in the name of G to the effect that the invested amount is 70 million but only KRW 100 million if the invested amount is KRW 100 million, and the profits would be paid if the investment is made.” Defendant B shows the balance analysis sheet prepared by the Defendant. Defendant B, stating that “The total sales amount is anticipated to be KRW 8.6 billion, and the total sales amount is expected to be KRW 3.9 billion, and the profits would be KRW 1.5 billion, if the purchase cost of the land is excluded, the profits would be KRW 3.9 billion.”
However, the Defendants did not have any funds to purchase the above forest land, and there was no fact that the Defendants could not obtain permission for the establishment of a factory from the emulation of the said forest land, and there was no fact that the victims received 700 million won investment from other persons before making an investment.
As above, the Defendants conspired to induce the victim.