(영문) 부산고등법원 2015.04.16 2015노58



The prosecutor's appeal is dismissed.


1. The gist of the grounds for appeal is that each of the instant sales contracts is the fraudulent contract as if the sales contract was concluded by borrowing the name of the partner or employee of the subcontractor for the purpose of securing the construction cost, and whether the seller is the actual buyer in the intermediate payment under the contract constitutes an important condition for the execution of the loan, and thus, it constitutes deception of fraud if the National Agricultural Cooperatives Federation did

Nevertheless, the lower court rendered a not guilty verdict on the facts charged, which erred by misapprehending the legal doctrine, thereby affecting the conclusion of the judgment.

2. Determination

A. The summary of the facts charged is that the Defendant: (a) from around September 2005 to March 2007, the company E (hereinafter “E”) constructing “D” apartment (hereinafter “E”); (b) from around April 2007 to around June 2008, the Defendant worked as a development business director; and (c) from around July 2008 to February 2009 as a regular business director.

In order for E to enhance the sale rate and fund liquidity of the apartment complex of this case, which was during construction in around 2006, the management board prepared a false sales contract with E collaborative companies under the name of its executive officers and employees under the conditions of construction contract, as if they were actually sold under the name of its executive officers and employees, and applied for an intermediate payment loan from financial institutions, and used it to the company construction cost, etc. after receiving loans from financial institutions, and G is approved by the representative director, and G was implemented by ordering the Defendant, who was the general manager in charge of the construction company, to whom the E-integrated purchase was the director in charge of the construction company.

Therefore, the Defendant, around August 2006, under the condition that the Defendant would enter into a private contract for the waterproof Construction Work of the instant apartment at the E Office located in Changwon-si, the representative director of the I(I) (hereinafter “I”) who is a collaborative company, in the name of the buyer.