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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal did not state any such statement as stated in the facts charged to the victims, and B explained the victims to attract investments.
The Defendant heard from B on the “Brain Cube,” which is a patent data soften artificial intelligence robot inventor, and confirmed the patent right on the sofin Cube through an engineer, and helps B to attract investment without being able to believe the success possibility, and paid 2 million won per month for 17 months or longer, and recommended to make an investment in friendly relationship with B.
Therefore, the Defendant committed deception, such as the entry in the facts charged.
It can not be said that there was a criminal intent to acquire by deception or to commit a crime against the defendant.
2. Determination
A. The deception as a requirement for fraud refers to any affirmative or passive act that widely lacks the fiduciary duty and good faith to each other in the transactional relationship. It is sufficient to say that it does not necessarily require false indication as to the important part of a juristic act, and it is sufficient to establish the basis of judgment for an actor to make a disposition of property which the actor wishes by omitting the other party into mistake. Therefore, in a case where it is acknowledged that the other party to the transaction would not have been notified of certain circumstances, if it is recognized that the other party to the transaction would not have been involved in the transaction, a person who receives the property is obligated to notify the other party of such circumstances in advance.
Nevertheless, it constitutes a crime of fraud by deceiving the other party by implied disregarding the fact that such notice has not been given.
(see, e.g., Supreme Court Decision 2003Do7828, Apr. 9, 2004). Moreover, insofar as the criminal intent of defraudation, which is a subjective constituent element of fraud, is not led by the defendant, the financial history, environment, contents of the crime, and transactions before and after the crime.