사기
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal was F by introducing D to the Defendant upon the request of the Defendant that the investor would be able to receive, and thereafter, the Defendant was aware that D will develop the product and D will be in charge of the business, the representative of the K in charge of the K in charge of the dispute settlement has entered into a contract for the development of the current vending machine product with the Defendant on December 2, 2008 immediately after the Defendant was paid the instant money from D, the Defendant used the amount of KRW 2 million to H in the K in charge of the development cost, the Defendant used the amount of KRW 2 million to the K in charge of the K in charge of the development cost of the product for personal purposes, and the Defendant separately requested D to develop the product to L in the form of the J in charge of the development cost of the product. However, the judgment of the court below which acquitted the Defendant of the facts charged, notwithstanding the fact that the Defendant received the instant money as the development cost.
2. Determination:
A. The Defendant initially argued that, although the Defendant agreed to engage in the development of products and D’s business, the Defendant entered into a contract with D to pay 180,000,000 won as patent royalties to the Defendant by promising D to directly manufacture the products, and that D received 60,000,000 won as part of patent royalties.
B. The record reveals the following circumstances.
① The F introduced D upon the Defendant’s request to seek investors, and the Defendant introduced D as investors at the beginning, and even thereafter, the Defendant thought D would engage in the development of products and D’s business. However, even after introducing D and the Defendant, the F did not know of what circumstances it did not intervene in D’s relationship with the Defendant, and did not know as to whether D intended to engage in the instant 60 million won.
(2)