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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (based on factual errors and misapprehension of the legal principle) only spent the money that the Defendant received from the victim as the expenses for a prior exploration for the preparation of the coal mine business, there was no deception for the victim, nor did the intent to commit the crime of fraud.
2. Determination
A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, the defendant can be recognized as having by deceiving the victim as if the defendant has secured coal mines that can be developed as stated in the facts charged, and the criminal intent of defraudation is also sufficiently recognized.
1) The victim initially stated through L that “the person who has the right to mine development in Indonesia has no fund to do so, and the project does not proceed,” the victim came to know of the Defendant upon recommendation. 2) The victim recommended the Defendant to make an investment to the effect that the Defendant himself has the right to mine development in Indonesia.
However, the defendant's statement itself is clearly revealed that the MOU, which the defendant concluded with the local company "M" in relation to this, was merely a provisional contract, and that it has already lost its validity by the expiration of three months at the time of recommending the victim to make an investment.
Defendant
In addition, it was actually recognized that the prosecutor was not in the position to develop specific coal mines at the time when he was investigated by him.
3) The content of the “Reshot mine promotion project plan” presented by the Defendant to the victim in relation to the coal mine business is based on the statistics without any ground merely a subjective trend of the Defendant’s own. Moreover, the “N” as stated by the Defendant at the bottom of the said plan is also an unincorporated organization. 4) The Defendant actually receives money from the victim.