특정경제범죄가중처벌등에관한법률위반(사기)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
1. Summary of grounds for appeal;
A. In fact-misunderstanding and legal doctrine 1), while the Defendant asserted the judgment of the first instance court delegated by theO (hereinafter “O”) and vicariously performed the sale of the NO unsold commercial buildings, T introduced the victims to acquire the unsold commercial buildings in lots due to the loan, and sold only NO V, Yho, and Zho to the victims on July 5, 2017, and did not registered the said commercial buildings in the name of the victims, promising the victims to pay fees and interest on the loan.
However, the lower court determined otherwise on July 28, 2017, which was drafted retrospectively around February 2018, based on the self-owned real estate management trust agreement, and accordingly, the lower court erred by misapprehending the legal doctrine and misunderstanding the facts.
2) On December 27, 2017, the Defendant asserted that the lower judgment against the second instance judgment: (a) borrowed KRW 300 million from the funds to take over theO from the victim H; and (b) actually acquired theO with the borrowed funds.
At the time, the Defendant was willinging to recover and repay the unpaid amount of KRW 1 billion, which theO possessed with respect to an agricultural company NN corporation (hereinafter referred to as “N”), and thus, the Defendant had the intent and ability to repay the above borrowed amount.
However, even though NN receives a lease deposit and pays the unpaid price with the lease deposit, it is impossible to pay KRW 300 million to the victim by January 4, 2018 on the wind that he/she receives a lease deposit and uses it in another place.
In the meantime, the defendant provided the above victim with E commercial I and J as security, and the previous sales contract for I and J commercial buildings was not implemented properly, so there was a deception that the defendant provided it as security.
shall not be deemed to exist.
However, the lower court determined otherwise on January 2, 2018 based on the loan certificate and sales contract, etc. written retroactively around January 2018.