A. In relation to the mistake of facts and misapprehension of legal principles regarding the fraud against victims C, it is consistent with the Defendant’s receipt of KRW 30 million from C, which is considered that C, directly in the fishing ground located in D at the time of leisure and dusting into the sea and that the Defendant would have been expected to spread yellow soil to the sea for the new harvest, and made an investment in the Defendant, not by deceiving C, but by deceiving C.

With regard to the fraud against the victim F, at the time of the defendant's receipt of KRW 100 million with F, it is said that the amount of KRW 100 million will be increased to F because it is difficult to predict exactly what degree the acquisition price of shares between the I fishing village fraternity and J fishing village fraternity on the H fishery resources management waters in the Namnam-gun. Since then, as a result of the defendant's endeavor to take over shares in each fishing village fraternity in a less manner, the acquisition cost will be increased to KRW 40 million in total.

Therefore, the defendant is not guilty by deceiving F and deceiving KRW 100 million.

However, the court below which found the defendant guilty of each of the above facts charged erred by misunderstanding of facts and misunderstanding of legal principles.

B. The punishment of the lower court (one hundred months of imprisonment) is too unreasonable.

2. Determination

A. (1) Judgment of misunderstanding the facts and misapprehension of the legal principles as to the allegation of fraud against the victim C (the crime No. 1-A. 1 of the facts stated in the judgment of the court below) is admitted by the evidence duly admitted and investigated by the court below, and the following circumstances are as follows: (i) C is able to collect money from the defendant if the defendant Eul, by taking advantage of the seaside that the defendant sent to C while he had no knowledge and experience in the fish and shellfish farming, and by taking into account the operation of dusting on the yellow soil, and as such, C is able to collect money from him.

of 30 million won shall be sent to the defendant after hearing the statement.

It appears that it would correspond to the above fishing ground. ② Since the new fishing ground was done in 2002, the new fishing ground was blicked once.