A. The lower court determined that it is difficult to believe that the statement made by the J was made by entering into a partnership agreement with the Defendant and 50% equity shares in view of the fact that the J did not have any interest in the operation and profit-making of G after he remitted money to the Defendant. However, at the time, the J was hospitalized in a hospital by the mother, and there was no negora in the operation of G, thereby making it difficult for the mother to use the back part of the G. Therefore, the above circumstance alone cannot be deemed as having credibility.

B. In addition, the lower court determined that E’s statement was difficult to believe because it transferred the J’s statement as it is, but as seen above, the J’s statement is credibility, and thus, the E’s statement also exists.

C. Therefore, even if the facts charged in this case were found guilty according to the statements by J and E, the lower court acquitted the Defendant on the ground that the lower court erred by misapprehending the facts.

2. Determination:

A. The issues in this case 1) The contents of the deception stated in the facts charged in this case are as follows: “The defendant, from July 200 to August 20, 200, made an investment of KRW 50% of the company shares to J, and even if he received an investment of KRW 112 million from E, he did not have the intent or ability to reduce 50% of the company shares and profits.” The defendant asserted that the amount received from J is merely a mere loan, and that there was no investment from J or a partnership contract.

3) Ultimately, the issues in the instant case are whether the J has invested in the Defendant as a partner on July 2, 200 through August 8, 200. B. Whether the J partner has invested in the Defendant as a partner or not. The evidence corresponding to this point is a statement of J and E.

2. First, I examine the J's statements.

The following circumstances acknowledged by each evidence, i.e., ① the J at an investigative agency on July 200 to August 8, 200, the Defendant was to be a convalescent hospital, and 15.5 billion won.