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The prosecutor's appeal is dismissed.
Reasons
The summary of the grounds for appeal 2015 High 1228 case was that the Defendant was not in a state of carrying out the aggregate extraction project in Gangwon-gun H (hereinafter “H land”) owned by G Co., Ltd. (hereinafter “G”), and the Defendant’s family members did not have invested in the said project, and the cost of restoring the mountainous district in the amount of KRW 2.4 billion was required in J (hereinafter “J”) in order to carry out the aggregate extraction project, but there was no method of preparing such cost. However, even if there was no method of preparing for the cost, the Defendant’s mother was running the aggregate extraction project jointly with G, and invested the amount of KRW 1 billion in the amount of KRW 1 billion.
It is possible to raise funds of KRW 2.4 billion, which is the cost of restoring mountainous districts, so it is possible to permit the extraction of aggregate from J land.
“A false statement was made to the effect that it was “.”
In light of these circumstances, although the defendant could fully recognize the fact that he/she acquired 754,031,00 won by deceptive means as if he/she could normally proceed with the J Aggregate Extraction Project without the intention or ability to proceed with the Aggregate Extraction Project, the court below erred by misapprehending the facts and affecting the conclusion of the judgment.
2015 Gohap 1078 The fact that the victim L, prior to the defendant, received investment proposal from E is recognized.
However, the defendant deceivings E to make a solicitation of investment money, and it is thought that E is a certain investment place after making an investment by itself, and it is recommended to make an investment to L who is his own money.
In light of the background leading up to E's investment in the defendant, the role of the defendant and E, etc., the defendant was fully aware that E has to raise money from other investors.
Even if not, at least, the defendant made an additional investment proposal against L, and accordingly the above victim is KRW 300 million.