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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is that H, the representative director of the victim, invested KRW 20 million in order to obtain profits from the development project of this case that the defendant proceeded, and the defendant did not limit the use of the investment funds. Thus, even if the defendant used some of the above investment funds for other projects, it cannot be deemed as fraud.
The defendant did not deceiving the victim and did not have any intention to commit the crime of fraud.
2. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, it is determined that the defendant did not have the ability to pay the proceeds at the time of receiving 200 million won in the name of the investment money or the sale price from the victim or to sell a newly-built house to the victim. Thus, the defendant is deemed to have acquired KRW 200 million from the victim by deceiving the representative director of the victim as if he would pay the proceeds or sell a newly-built house. Therefore,
On July 15, 2017, the Defendant entered into a joint development agreement with the existing executory zoneB and agreed to pay KRW 500 million to the developer for the instant project, and to have the remainder of the profit. In relation to the construction project (hereinafter “instant project”), the Defendant entered into a joint development agreement with the developer for the instant project with the developer for the instant project, and agreed to pay the developer for the instant project KRW 500 million to the developer for the instant project.
(Evidence Records No. 160-162 pages). Since then, the Defendant shall pay the victim a profit by making an investment in the instant business, and received an investment amount of KRW 100 million from the victim on July 26, 2017.
However, the defendant had worked for the construction company at the time, but there was no construction project actually implemented before the project of this case, and the project of this case also came to progress with the existing company L, etc. on March 30, 2016.