All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of the facts charged in this case and the judgment of the court below

A. On March 12, 2007, the Defendant made a false statement that “The Defendant would lend KRW 300 million out of the above KRW 200 billion to the victim C through the e” coffee set up a factory in Korea to produce and export products, etc. developed by the Defendant, and the NASA set up a research institute in Korea in the U.S. Air Space Research Institute (NASA), and the Indonesia invested KRW 200 billion in the Korea Exchange Bank. If the Defendant borrowed all expenses to find it, the Defendant would lend KRW 200 billion out of the above KRW 20 billion.”

However, in fact, the Defendant’s patent was extinguished, and there was no power to produce and export heat and biochemical energy generated, or there was no plan to establish a research institute in the Republic of Korea under the NASA, and there was no fact that the Indonesia would have invested KRW 200 billion in the Defendant. Since the said KRW 200 billion was not included in the Korea Exchange Bank, even if the Defendant received money from the victim as the expenses for receiving investment in KRW 200 billion, there was no intention or ability to lend KRW 300 million to the victim even if the Defendant received money from the victim as the expenses for receiving investment in KRW 200 billion.

Nevertheless, the Defendant, as seen above, by deceiving the victim, received KRW 35 million from the victim who was in its possession through the above F from the victim, and then acquired the victim through deceptions from September 11, 2007 at that time by acquiring KRW 240 million in total on seven occasions, such as the list of crimes in the attached Table, from September 11, 2007.

B. (1) The lower court found guilty of the facts charged in the instant case by comprehensively taking account of each evidence as indicated in the judgment of the lower court, the Defendant’s total sum of KRW 210 million from the victim, as indicated in Nos. 1, 3, and 7 in the annexed crime sight table.