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Reasons
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(영문) 서울중앙지방법원 2016.03.17 2015노3695
사기
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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

A. Even if the F-Owned Water Reclamation License (hereinafter “License Rights”) for the F-Owned Water Reclamation License for the YY-gu, Changwon-si, Changwon-si, the Defendant acquired by mistake of fact was transferred in the future to two mountain Heavy Industries Co., Ltd. (hereinafter “two mountain Heavy Industries”), the Defendant had the intent and ability to take over it again at the time of borrowing it, as well as the completion of the reclamation project in this case.

1) The victims were aware of the fact that the license was transferred to the two industries in the middle and middle industries, as well as that the Defendant again acquired the license and tried to conduct the reclamation project in the instant case, etc., and they lent money to the Defendant in accordance with their judgment despite being aware that the Defendant’s economic situation was not good. Thus, there was a deception against the Defendant.

It can not be said that the victims have borrowed money due to a mistake or mistake, and it cannot be recognized that there is a causal relationship between deception and mistake or dispositive act.

2) A) Only a transaction between I and victim H, and includes details irrelevant to the Defendant (No. 1 No. 1 in the table of crime attached to the judgment below). H does not lend the money to I upon the Defendant’s request, and it does not result in the Defendant’s deception, since it did not lend the money to I according to the Defendant’s words (No. 1 through 5, no. 7 through 11, no. 13 through 27, no. 30, No. 31, 33, and 34 in the table of crime committed in the judgment below). B. The punishment (no. 3 years of imprisonment) issued by the court below is too unreasonable.

2. Determination

A. 1) According to the evidence adopted by the lower court concerning the progress of the Defendant’s joint water surface reclamation project, the following facts are acknowledged.

A) On July 12, 2002, the Defendant is from the Administrator of Busan Regional Fisheries Administration, a licensing authority.

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