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The judgment of the court below is reversed.
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. The summary of the grounds for appeal did not acquire the investment money from the victims, but disbursed it for the purpose of use, and the court below convicted the defendant. The court below erred by misapprehending the facts, which affected the conclusion of the judgment.
2. Determination
A. The summary of the facts charged in the instant case was around August 20, 2008 to the victim D, E, F, and deceased G (hereinafter “the deceased”) of the Daegu-gu Seoul metropolitan apartment building building 206-1, and the Defendant is implementing the project to build six apartment buildings on the non-H and 36 lots of land outside Seopo-si, Seopo-si, Seopo, Jeju-do (hereinafter “the project of this case”). The purchase of the apartment site has already been completed, and the bank has already obtained an approval for the PF loan from the bank, and the apartment construction company has also been secured, and the person who conducts the project at the same time with the completion of 80 percent of the implementation plan would have already invested KRW 30 million with the party and want to implement the implementation project together with the party, and all of the solicitation to return KRW 70 million to that person and the implementation expenses for the implementation project will reduce the investment time to KRW 100 million after completing the project.”
However, at the time, the defendant was requested by the representative director of I Industrial Development Co., Ltd., the operator of the business, and the preparation for the business was not completed by 80%, and there was no person who has invested KRW 30 million first.
Nevertheless, as seen above, the Defendant, by deceiving the victims, agreed to receive KRW 17.5 million from the victims as investment deposits respectively, and agreed to receive KRW 14 million from the victims D around August 2008, and KRW 25 million from the victims E and F around August 9, 2008, KRW 17.5 million from the Deceased, respectively.