Defendant

The appeal is dismissed.

Summary of Grounds for Appeal

(In fact, the victim paid KRW 10 million to the defendant for the purchase or approval of use of part of F in the official city (hereinafter referred to as “the access road of this case”). The actual defendant made efforts to purchase or use the access road of this case on several occasions as requested by the defendant, but the victim and the J clan, who is the owner, failed to purchase the access road of this case.

Therefore, the Defendant does not have to settle the accounts related to the return of KRW 10 million under the civil law with the victim. Thus, the Defendant did not acquire money by deceiving the victim to purchase the land access to the instant case at KRW 10 million, and thus, it does not constitute a crime of fraud.

Judgment

The court below and the court below consistently stated that the defendant paid KRW 10 million to the purchase price of the access road of this case as the purchase price of the access road of this case, i.e., the victim was aware of the fact that the victim failed to purchase the access road of this case before receiving KRW 10 million from the victim, i.e., the victim was aware of the fact that the victim had failed to purchase the access road of this case. ② The victim was from the police to the court of the court below, and from March 13, 2012, i.e., the defendant paid KRW 10 million as the purchase price of the access road of this case, and the defendant also stated that the purchase price of the access road of this case was KRW 10 million as the purchase price of the access road of this case. The defendant also received KRW 5 million as the purchase price of the access road of this case, i.e., the victim's statement to the purport that it was necessary to receive KRW 10 million as the purchase price of the access road of this case.