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All appeals are dismissed.
Reasons
The grounds of appeal are examined.
1. The deception as a requirement for fraud means active or passive act that generally lacks the fiduciary duty and good faith to each other in the transactional relationship of property, causing mistake to another person. It does not necessarily require that the other party be involved in an important part of a juristic act, and it is sufficient that the other party is about the basic fact of judgment for conducting an individual disposal act;
(1) In the event that an investor makes a false statement as if he/she were to return the principal to an investor within a certain period of time in the absence of the intent or ability to return the principal, even if the investor was to use the investment in the investment project explained by the investor upon receiving the investment money from the investor in connection with the establishment of a fraud by deception of investment money, if the investor made an investment to entirely believe and make an investment in view of the specific circumstances at the time of the act, such as the relationship between the investor and the investor, transactional situation, the investor’s experience, knowledge, character, occupation, etc., if the investor made an investment to fully believe and make an investment in the principal return agreement, it may constitute a deception as a requirement for fraud. In such case, whether there was an intent to acquire the investment money from the victim as at the time of the agreement on investment money,
2. According to the evidence duly admitted by the lower court, the following circumstances are revealed.
Defendant
A around the beginning of August 2005, the Indonesian Embassy called "victim E" (hereinafter referred to as "victim") was worn out and expected to build a main complex building on the neighboring site, and the project has not been carried out due to the lack of KRW 300 million, which led to the investment of KRW 300 million, 20% of the company's shares or even if the project is not a sex, it recommended investment to return the principal within one year.
B. The victim is a golf product with a total of 20 years.