사기
The judgment of the court below is reversed.
The defendant shall be innocent.
A. As to the facts charged of this case, the court below found the Defendant guilty.
(c)
1) According to the records of recognition, the following facts can be recognized.
① From February 2, 2011, the Defendant discussed the promotion of various projects, such as the victim who is the birth of elementary school or middle school and the door-to-door sales business, etc. On May 5, 201, the Defendant sent e-mail accompanied by the “project investment proposal” to the instant company to the victim (Evidence No. 160 pages). ② The investment methods indicated in the said proposal are as follows.
1. Investment in the existing infrastructure (K)-based capital 100 million won in direct investment method * Investment in the capital of 100 million won in the representative director of an investor* Securing shares and dividends in the investment account after joint management in the future* 500 million in the capital deposit 100 million won shall be used as part of development costs, office equipment and website maintenance expenses, and the remaining amount of 50 million won in the remaining amount shall be 50 million won in the capital deposit;
2. Indirect Investment Scheme * Investment 100 million capital of an existing infrastructure (K) * Investment 100 million capital of an investor representative director* Guarantee of shares and dividends in investment* The date of collection of principal due to 100 million capital of an investment is agreed as at the end of this year.
* KRW 50 million out of capital 100 million shall be as operating expenses, remaining KRW 50 million shall be used as development costs, and shall be repaid in preference after the corporate sales have occurred.
*The decision of securing shares and dividends after the incorporation of a juridical person shall be made in accordance with the circumstances.
③ On May 11, 201, the victim borrowed money from G, which was paid KRW 30 million to a new bank account in the name of F used by the Defendant on May 11, 201. The victim borrowed KRW 100 million from G, which was later paid KRW 50 million on May 18, 201, and deposited KRW 100 million into the account in the name of F.
④ On May 27, 2011, the Defendant transferred KRW 98 million, among the money deposited in the F’s account, to H’s corporate bank account (Evidence No. 14 pages) (Evidence No. 14). ⑤ The Defendant issued a certificate of deposit balance on May 27, 201, stating that the balance of the said corporate bank account is KRW 100,159,174.