A. Since the Defendant entered into a building design agreement with the PP and delegated all the affairs concerning authorization and permission, the Defendant did not know that the instant housing did not obtain any necessary permission under the Building Act. Since the Defendant was aware of such fact and obtained any permission under the Building Act after obtaining it, it cannot be deemed that the Defendant had an intention to violate the Building Act.

B. Since the Defendant was unaware of the violation of the Building Act and the Management of Mountainous Districts Act at the time of borrowing money from the victim on December 2014, 2014, it was believed that the Defendant could complete the instant house and obtain a loan until May 2015, and the Defendant had sufficient means to repay the money borrowed from the victim, thereby deceiving the victim.

It can not be said that there was a criminal intent to acquire by deception or to commit a crime against the defendant.

2. Determination

A. On April 4, 2012, the following facts and circumstances, which can be acknowledged by evidence duly adopted and examined at the lower court and the trial court as to the part of the violation of the Building Act, i.e., the Defendant submitted a construction report to the Yangyang-gun Office on the construction of a building with the total floor area of 96.62 meters in total in the name of N in order to newly construct the instant house, and the Defendant concluded a building design contract with the P for the Bank of Korea in April 28, 2014 (hereinafter “office”) among the buildings that did not start after the construction report as above. According to the terms and conditions of the contract, the building that the Defendant intends to build is the second floor, the total floor area of the building, the total floor area of which is less than 198.35 meters, and the total area of which is less than 200 meters that requires permission under the Building Act, and thus, there was no need to obtain a building permit separately from the architect office. < Amended by Act No. 27260, Apr. 26, 28, 2019>