A. As to the facts in fraud (i.e., fraud), the Defendant did not have the intent to deceive and defraud the victim C as stated in the instant facts charged.

Nevertheless, the court below found the defendant guilty by recognizing that he has the intention to commit the crime of defraudation, and there is an error of law that affected the conclusion of the judgment by misunderstanding the facts.

⑵ 산지 관리법 위반죄에 관하여 ㈎ 피고인은 이 사건 산지 전용행위 자인 공사업자 W, X 및 덤프트럭업자 P과 직접적인 계약관계에 있지 않았고, AD와 계약을 한 것인데 AD의 잘못으로 이 사건 산지 전용행위를 하게 된 것이다.

㈏ 피고인이 불법 전용하였다고

Mountainous district was prosecuted for H, I, and J (hereinafter “the mountainous district of this case”). The lower court erred by misapprehending the fact-finding on the grounds of conviction, such as explaining the fact that Y, which was not prosecuted, was heatized.

㈐ 피고인은 2013. 12. 26. 괴산군청으로부터 창업사업계획 승인 알림을 받았고, 2014. 11. 11. 공장 승인이 나왔는데 위 승인에 따라 관련 인 ㆍ 허가인 산지 전용허가가 의제되었다.

Therefore, the application for approval of the above approval of the factory is written on December 31, 2014 by the scheduled date for completion of the construction, and there is no difference between November 11, 2014 and 1 month, which is the date of approval of the factory. Thus, the construction is physically impossible from the time of approval of the construction to the scheduled date for completion of the construction.

Therefore, from the time when the defendant obtained the approval of the business start-up business plan on December 26, 2013, the permission for conversion of mountainous district, which is the related authorization and permission, is deemed to be deemed to be legal fiction. Thus, the defendant's act in this case is not an illegal diversion.

B. Among the sentencing division, each of the sentence sentenced by the lower court (the 2015 senior sentence: 1 year of suspended sentence of imprisonment for three months, and 603 senior sentence of 2016: 6 months of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. We examine the judgment of the court below on fraud, and the records and legal principles.