The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is as follows: (a) the Defendant is deemed to be able to actually proceed with the gold extraction project and was invested in money from the damaged party; and (b) the Defendant agreed with the injured party to invest the invested money in the “F” and used the invested money with the operating funds of the said company; and (c) thus, the Defendant is not recognized as a criminal intent of fraud; (d) the lower court found the Defendant guilty, and thus,

2. The judgment of the court below, which is acknowledged as a whole based on the evidence duly adopted and examined, is that the defendant has already invested KRW 10 million in around 2005 and has already been failed business. Nevertheless, the defendant shows past newspaper articles, etc., and explains the victim as if he had now been able to conduct business even now, and made recommendations for investment. On July 21, 2015, the defendant, when the victim transferred the above investment amount to the defendant's deposit account, he immediately transferred it to the defendant's deposit account. The above investment amount was transferred to the defendant's deposit account, and the above investment amount was used as the part payment of the above company's 6 million won under the name of the defendant and the chairperson of the above company I on the date of remittance and after the day of the above company's intermediate payment, and it is justified in the judgment of the court below to find the fact that the defendant acquired the money by deceiving the victim as stated in the facts charged.

shall not be deemed to exist.

Therefore, the defendant's assertion is not accepted.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.