The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

The defendant's misunderstanding of facts is not the investment but the loan money.

Although the Defendant did not secure the land purchase funds of KRW 30 billion, and it was difficult for C (hereinafter referred to as “C”) to take out the financial situation of the Co., Ltd. (hereinafter referred to as “C”), the Defendant deceptioned the victim that “the land purchase funds of KRW 30 billion have already been already secured through E without mentioning the financial situation of himself/herself and C.”

Although the defendant was in an poor financial situation at the time of receiving one billion won from the victim, the defendant and C did not have any intention or ability to purchase the land for personal use, not only the defendant used the above one billion won for personal use, but also did not have any intention or ability to purchase the land by concluding a sale and purchase contract with the landowner who expressed his intention to sell the land through the prop work as above one billion won and paying the down payment.

In light of this, the defendant was aware that at the time of borrowing one billion won from the victim, the defendant did not have the intention or ability to pay 15% of the profit accrued from the apartment execution project or from the implementation project after two years.

The court below's decision on the grounds for appeal is as follows: ① although the victim asserts that he lent KRW 1 billion to the defendant, the service cost that the victim can receive in connection with the prop work and the amount equivalent to 15% of the profit of the business of this case shall be regarded as an interest on KRW 1 billion, as well as an interest on KRW 1 billion, and the victim voluntarily stated in the investigative agency that he/she is in a partnership with the victim, the defendant, and the K, and in fact, it is difficult to view the above KRW 1 billion as a mere loan, such as that the victim and the K have made efforts to prepare the purchase price, and there is room to regard it as an investment in the business.