1. The part against the defendant in the judgment of the first instance is revoked.

2. The plaintiff's claim against the defendant is all dismissed.

3.

1. Basic facts (1) The defendant is a representative director on the registry of the K in charge of the settlement of disputes, and the co-defendant C in the first instance trial (hereinafter referred to as the "C.") of the K in charge of the settlement of disputes, a director on the registry of the K in charge of the settlement of disputes, and the Co-defendant D in the first instance trial (hereinafter referred to as "D")

(2) The Defendant and C, D, and E did not have a patent right to functional Embrye lease and heat plant, and they did not have a production fund and equipment. Thus, even if the Plaintiff received an investment amount of KRW 300 million from the Plaintiff, they did not have the intent or ability to grant the Plaintiff the exclusive right to sell the said product.

Nevertheless, on April 2006, D introduced itself as the president, the defendant, and Eul as the former president of the LAE and the former president of the KAE, and made a false statement to the effect that D would develop the functional fish management lease and the heat source. When investing KRW 300 million, D would give the Plaintiff the exclusive right to sell the products within June 20, 2006, and the defendant and C also made a false statement to the same effect.

(3) On April 22, 2006, the Plaintiff entered into a contract with the Mediation Committee for the Settlement of Disputes and the Plaintiff to pay KRW 300 million to the Mediation Committee for the Settlement of Disputes with respect to the management lease, heat source production, and sales of the products produced by the Mediation Committee for the Settlement of Disputes and sell them exclusively from the Mediation Committee for the Settlement of Disputes, and then to pay a certain amount to the Mediation Committee for the Settlement of Disputes. Of the above KRW 300,000,000, KRW 200,000,000 to be treated as a deposit, and KRW 10,000,000,000,000 to be treated as

(4) In accordance with the instant contract, the Plaintiff paid KRW 300 million to the Plaintiff, from April 23, 2006 to May 23, 2006, pursuant to the instant contract.

(80 million won was paid as a check, and 220 million won was remitted to the account of the KAF. (5) The Defendants were indicted for the charge of deceiving the Plaintiff as described in paragraphs (2), (3) and (4) and by deceiving the Plaintiff, and 300 million won. On February 17, 2010, the Defendant was sentenced to imprisonment for 8 months, 2 years of suspended execution, 40 hours of community service order, 3 years of imprisonment for 1 year of suspended execution, 2 years of suspended execution, 120 hours of community service order.