The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts) is determined that the Defendant’s remainder of the loan through the ship fund prior to receiving charterage and oil substitute from the Victim G Co., Ltd. (hereinafter “G”) (hereinafter “G”) was determined.

It is important to recognize the criminal intent of the accused to commit fraud.

In this regard, U and F Co., Ltd. (hereinafter “F”) of Korea Investment Securities Co., Ltd. (hereinafter “Korea Investment Securities Co., Ltd.”) related to the promotion of ship funds (hereinafter “Ma assets”).

Comprehensively taking account of the Defendant’s I’s statement, the representative director revealed that the attracting of investors in the ship was entirely in charge of P, but there was no fact that P was unable to attract investors, and that P was able to make a loan to I.

Therefore, the Defendant’s assertion that the Defendant stated that “the balance loan procedure through a ship fund almost ends” in I test is not reliable, and at the time, the Defendant was fully aware that the investor of the ship fund was not determined.

must be viewed.

However, the judgment of the court below which acquitted the defendant on the ground that the defendant was not guilty of fraud, is erroneous due to the mistake of facts.

2. Determination

A. The summary of the facts charged is the person who served as the representative director of Jongno-gu Seoul Metropolitan Government E building 1815.

On June 2008, the Defendant: (a) formulated a plan to purchase the 8,700 tons of Indonesian Cargo Ship; (b) paid 1,60,000 won as the purchase deposit of the vessel; and (c) promoted a loan for the remainder payment; (d) when the company’s operating funds are insufficient, the Defendant was willing to acquire money in the name of charterage by deceiving G with the victimized company.

On August 5, 2008, the Defendant paid the down payment to H, G employee, at the above F Office, for the purchase of the vessel at our company, and the bank loan was almost completed.