사기
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal was known to the effect that the Defendant would be granted permission for stone development at the time when he received KRW 30 million from the victim, but he did not file an application for permission for development due to the failure of H to comply with the promise, and thus, he did not intend to deceive or defraud the Defendant.
Nevertheless, the judgment of the court below which convicted the charged facts of this case is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.
2. The Defendant filed an appeal on the ground of mistake of facts while denying the criminal intent when he/she was convicted of all the instant crimes in the court of original instance, which led to the judgment of the court below.
However, in light of the importance of the statement in court as to whether to admit the facts charged, it is not reliable to reverse the confession voluntarily made by the defendant in the court of original instance, unless there are special circumstances.
In this case, the confession in the court of the court below is not reasonable in itself as to this case.
There is no circumstance to see that there is a conflict or contradiction with other circumstantial evidence shown in the record and that there was no circumstance to see that there was an impact on the voluntariness of confession of the defendant.
(2) At the time of the trial of the court below, the defendant was provided with assistance of counsel, and his defense counsel also stated in the court that recognized the facts charged of this case). The confession in the court of the court below that is reliable as above and other evidence duly adopted and examined by the court below (in particular, F, which introduced the defendant to the victim, stated in the court of the court below that "at the time of this case, the defendant was in the state of entering into a contract with the witness to obtain permission for the development of stone to supply stone and purchase stone, and that the defendant had purchased stone with the permission for the development of stone before obtaining it."