Defendant

All the appeals filed by the prosecutor are dismissed.

Summary of Grounds for Appeal

Defendant

The Defendant was receiving part of the investment money necessary for mining business from the victim H, but this is merely an investment made by the victim H based on his own judgment, and rather, the business did not run properly within a period of time when the victim H did not make an investment of 3 billion won originally agreed to make an investment. As such, there was no fact that the Defendant, with the intention of defraudation, had deceiving the victim.

The fraud of the victim K and M directly received the investment money by inducing the victim K and M to make an investment, and the defendant did not directly make a fraudulent act or acquire the investment money by fraud.

The sentence of unfair sentencing (one year and four months of imprisonment) by the court below is too unreasonable.

The court below's sentence (e.g., e., e., g., e., e.

Judgment

The following circumstances acknowledged by the evidence duly adopted and examined by the lower court to determine the Defendant’s mistake of facts as to the fraud against victim H, i.e., the Defendant operated L, a corporation operating a flexible mine business in Indonesia. However, around April 2004, a contract with the Defendant to sell 300,000 tons of flexible coal to South and North Korea was terminated from the development of South and North Korea around May 2005, and around January 2005.

Although the Korea Resources Corporation requested the surface survey of the area to the Korea Resources Corporation, the results of the need for close exploration around August 2007 only arise, and so, in order to develop flexible mines and profit therefrom, it should undergo various stages such as the acquisition of close exploration rights, detailed exploration, economic feasibility study, and acquisition of mining development rights, and unless large amount of funds are invested over a long-term period, it is difficult to pay profits through the progress of the project.