특정경제범죄가중처벌등에관한법률위반(사기)
The judgment of the first instance shall be reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
, however, for two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal was the defendant's intent and ability to carry out the above apartment development project (hereinafter "project in this case"), and the project in this case was interrupted as the site of the project in this case was designated as New Town while the project in this case was actually carried out. At the time of borrowing money from the victim, the defendant sufficiently explained and understood the overall concept and prospect of the project in this case, operation of borrowed money and repayment plan to the victim at the time of borrowing money from the victim. Thus, even if do not have any intention to commit fraud, the court of first instance erred by misapprehending the fact and thereby adversely affecting the conclusion of the judgment.
2. Determination:
A. As to the Defendant’s assertion of mistake of facts, the first instance court’s judgment on the determination of facts reveals the following: (a) at the time of receiving KRW 500 million from the victim, the Defendant, at the time of receiving KRW 500 million from the victim, determined that “the Defendant may carry out the project by obtaining a loan from the bank; (b) at the present SK Construction, it is possible for the Defendant to carry out the project by obtaining a loan from the bank; (c) if the Defendant borrowed the project funds, such as land purchase expenses, the Defendant would obtain a sales contract and pay the down payment hub loan and the PF loan; and (d) at the time of receiving the money from the victim, the Defendant did not have any situation at the time of receiving the money from the victim; and (e) the financial advisory agreement drawn up with the Korean bank (a financial institution claiming to be the bank expected to grant a loan from the Korean bank) is merely a fact that the Defendant would receive advice on the instant project and pay the fee therefor; and (e) it is merely a part of the Defendant’s participation in the project and various projects after completing.