A. Fact-misunderstanding 1) The Defendant involved in the instant case involving the Gangseocheon District Court 2017 High Order 1284 (hereinafter the court name omitted) ordered the victim C to lend tinsan development expenses, and there was no specific deception by the victim by lending tinsan development funds to the victim C, and there was no fact that the Defendant used tinsan development funds for the purpose of collecting forest aggregate if tin mountain development funds were leased, and the Defendant had the intent and ability to repay at the time, and thus, the Defendant committed fraud.

shall not be deemed to exist.

2) Each of the instant crimes in relation to the 2017 High Order 1410 was led by the J, but the lower court found the Defendant guilty of committing a crime, such as re-election of an official electronic record, etc., and an official electronic record recorded as false.

B. The defendant guilty.

Even if the sentence of the court below is too unreasonable, the sentence of the court below is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly admitted by the lower court of the case 1284, the judgment on the assertion of mistake of fact 1) and the evidence duly admitted by the lower court, it can be recognized that the Defendant, while having no intent or capacity to repay, by deceiving the victim as stated in the facts constituting the crime in the lower judgment, and by deceiving 200 million won.

This part of the defendant's assertion is without merit.

① The Defendant and the victim only appeared only once through B introduction. If the Defendant borrowed tinsan Development Project Fund in a timely manner without specific mentioning the tinsan Development Project Plan, it seems that the Defendant did not lend the amount of KRW 200 million to the Defendant.

② At the time of borrowing money from the injured party, the Defendant registered a mining right to D for tinsan Development Project, but it became known in 2010 that D cannot carry out tinsan Development Project on the relevant land as it was a recreational forest.