Defendant

All A and prosecutor appeals are dismissed.

1. Summary of grounds for appeal;

A. Although Defendant A(1) made a mistake of facts that the Defendant partially distorted to the victim as stated in the facts charged, considering the following circumstances, it cannot be deemed that there was a criminal intent of deception or deception, which is a requisite for fraud, in full view of the following circumstances, the lower court found the fact erroneous and convicted Defendant A.

(1) The delivery of 300 million won to the defendant was an investment to which the victim was at risk to obtain a profit, not a lease.

② At the time of receiving the victim’s investment of KRW 300 million from the victim, the victim was aware of the fact that the military unit’s consent was not given to the golf course project and the reason was not given, and the Defendant believed that the military unit’s consent would be possible and made an effort to raise an objection thereto. Therefore, it cannot be said that there was a criminal intent to deceive the victim or defraud money against this part.

③ It is difficult to see that the victim has believed that the Defendant would directly perform the construction of Yangyang canal system or Kimpo-Ba, and since the Defendant actually promoted his/her golf course project, it cannot be said that the Defendant deceiving the victim.

④ The victim agreed that the investment KRW 300 million was not promised to pay only the business expenses of the golf course, and rather, invested and utilized the said money in another place.

Therefore, even if part of KRW 300 million was used as investment funds of Kimpo-do Construction, or the defendant's wife (Defendant B)'s opening of clothing stores, it does not go against the intent of receiving money from the victim.

(5) The Defendant, as agreed, has secured a contract for the sale of the goods to the victim under the two-dimensional typies A-dong 102 (hereinafter referred to as the “instant contract for sale in lots”) as security for investment funds.