The defendant's appeal is dismissed.

Summary of Grounds for Appeal

The Defendant merely explained the education received from the above company on the basis of the materials that he had worked, and did not deceiving the victim, the lower court erred by misapprehending the fact, thereby convicting the Defendant of the facts charged in this case.

Judgment

The deception as a requirement for fraud refers to all affirmative and passive acts that have to observe each other in the wide sense of trust and good faith in the transaction of property. The essence of fraud is to acquire property or property benefits by deception and to cause property damage to the other party in reality. It does not require that the other party actually incurs property damage. In general, the mere exaggeration in the promotion of goods, advertisement of the advertisement, and the false representation is not sufficient to the extent of deception that is acceptable in light of the general commercial practices and the good faith principle. However, if specific facts about important matters in the transaction are falsely notified in a manner that would be criticized in light of the duty of trust and good faith in the transaction, it constitutes deception of fraud beyond the limits of exaggeration and false advertisements.

(See Supreme Court Decision 2008Do6549 Decided October 23, 2008, etc.). According to the judgment of the court below and the evidence duly admitted and examined by the court below as to the assertion on the fraud related to F forest located in Gyeonggi-gun F forest (hereinafter “F forest”), it can be acknowledged that the development of the surrounding areas and areas of Hocheon-gun at the time of the sale and purchase contract for F forest was under way, and that the defendant displayed the data and newspaper articles related to the development of F forest located in Pyeongtaek-gun (hereinafter “the master plan of Pyeongtaek-gun (hereinafter “the master plan”) in 2020 and explained to the victim. However, according to the above evidence, F forest is the planned development area adjacent to the river basin.