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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal ① The defendant's investment in the victim I is considered not only the company's prospect or the acquisition of shares, but also the position of vice-president and the guarantee of annual salary therefor, ② the defendant is better in the prospect of the company, ② the office of vice-president is given to the victim, and the annual salary is guaranteed and shares are provided.
In consideration of all the things, this is nothing more than the degree of exaggerationing the prospect of the company, and there was no deception.
In full view of the facts that it cannot be seen, and ③ the Defendant did not have the intention or ability to transfer the shares to the victim, even though the Defendant could recognize the fact that the Defendant by deceiving the victim on April 5, 2009 or around May 5, 2009, acquired a total of KRW 150 million by deceiving the victim, the lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.
2. Determination
A. The summary of the instant facts charged is a person who operated G Co., Ltd. (hereinafter “Non-Party Co., Ltd”) from around 2007 to around 2012.
From April 209 to May 5, 2009, the Defendant called “I will give KRW 100 million to Non-Party Company’s shares 3,000 and Vice-Chairperson’s qualification and annual salary if I will participate in the management of the company because of good prospect for our company and invest KRW 1,50,000,000.”
However, at the time of fact, the Defendant was unable to attract investment properly, and the Defendant was extremely difficult to perform its obligations, while there was no particular property or income, and even if it was invested by the damaged party, there was no intention to transfer 3,000 shares to the victim even if it was invested by KRW 150 million from the injured party.
Nevertheless, the defendant deceivings the victim as above, and is a new bank account under the name of the defendant from the damaged person to the new bank account under the name of the defendant. The amount of KRW 100 million on June 4, 2009 is KRW 100 million.