However, the court below found the defendant not guilty of the facts charged of this case on the ground that it is difficult to recognize the criminal intent by deception, and there is an error of law that affected the conclusion of the judgment by misunderstanding the facts.

2. Determination

A. The summary of the facts charged in the instant case is the owner of the land and the building on the land located C in Naju City (hereinafter “instant real estate”), and the instant real estate was under auction.

On August 1, 2015, the Defendant: (a) around August 1, 2015, at a “F” restaurant operated by the victim E in Gwangju Northern-gu; (b) “F” restaurant operated by the victim E, the husband of the victim and G, the husband of the victim, “I will withdraw the auction if the real estate in the Republic of Korea is under auction; and (c) the principal of the Saemaul

However, there is no money to withdraw the auction because of the absence of money.

As other persons are unclaimed to get auction, they shall repay to the Saemaul Bank of Korea the amount of KRW 20 million, which is equivalent to KRW 250,000,000,000, which includes the amount of money and shall take over the debt and transfer the ownership of the property.

“If the victim pays expenses incurred in withdrawing auction, etc., the victim showed an attitude that the victim seems to complete the registration of transfer of ownership of the instant real estate.”

However, even if the Defendant received expenses from the injured party to withdraw an auction, the Defendant did not think that the Defendant would complete the registration of the transfer of ownership of the instant real estate in the purchase price of KRW 250 million.

On August 7, 2015, the Defendant had the victim transfer the amount of KRW 19,677,00 to the Saemaul Bank of Korea, and cancellation of the H’s right of priority.