Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. The defendant was found guilty of the facts charged in this case since the business did not proceed smoothly and did not have the intention of defraudation. Thus, the judgment of the court below which found the defendant guilty of the facts charged in this case is erroneous, and not

Even if the court below's punishment (one year of imprisonment, one year of suspended execution) is too unreasonable.

B. The above sentence of the prosecutor’s judgment is too uneasible and unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below on the Defendant’s assertion of mistake of facts, the Defendant: (a) without any particular funds, and the Defendant was implementing the development project of the natural recreation forest in this case; and (b) the Defendant was able to resolve funds required for the development project through a bank loan to the victim; (c) an appraisal report and a bank loan intent was presented; (d) however, the above appraisal report is not a document prepared by a certified public appraiser; and (e) it is merely a document to the effect that the loan is being made by examining whether or not the loan is granted; and (e) the forest in this case is not a document written to the effect that the right relationship is complicated with provisional registration, etc.; and (e) there was a lack possibility of receiving a loan from a financial institution due to the lack of a building permit for a portion of the entire area; (e) the Defendant borrowed at least KRW 50 million in total from the victim under the pretext of construction deposit, design deposit, damage recovery, authorization expenses, etc. while giving the above development project to the victim.