A. In misunderstanding of facts or misunderstanding of legal principles, property benefits arise to delay performance of obligations in fraud. Since the Defendant delivered forged promissory notes to the victim E Co., Ltd. (hereinafter “victim Co., Ltd.”) and had the maturity postponed, fraud is established in relation to this part of the charges.

However, the lower court acquitted the Defendant on this part of the facts charged on the ground that there is no proof of crime.

Therefore, the court below erred by misapprehending the facts or by misapprehending the legal principles, thereby affecting the conclusion of judgment.

B. The lower court’s sentence of unreasonable sentencing (one year of suspended sentence in six months of imprisonment) is too uneased and unreasonable.

2. Determination

A. (1) Around July 2009, the defendant of this part of the facts charged provided that he shall pay 13,00,000 won for the credit amount of KRW 13,870,00 for the credit amount of KRW 130,000 for the victims of the Electric Power Team manufacturing business, and he shall pay 13,00,000 won for the credit amount of KRW 13,00,000 for the credit amount of KRW 13,00 for the credit amount of KRW 13,870,00 for the credit amount of KRW 13,00 for the credit amount of KRW 30,00 for the credit amount of KRW 30,00 for the credit amount of KRW 130,00 for the credit amount of KRW 130,00 for the credit amount of KRW 300,00 for the credit amount of KRW 9,200 for the remainder of the credit amount of KRW 20,000 for the victims.

⑵ 판단 ㈎ 관련 법리 사기죄는 기망되어 착오에 빠진 피기망자의 재산상 처분행위에 의하여 범인이 재물이나 재산상 이득을 취득하는 경우에 성립되는 것으로서, 그 이득의 취득으로써 상대방의 재산이...