사기
The prosecutor's appeal is dismissed.
1. In light of the summary of the grounds for appeal (the factual error) and all other circumstances of the instant case, it is sufficiently recognized that the instant sales contract amount is KRW 3 billion, and even if the deception related to the Defendant’s fraud is fully recognized, the lower court acquitted the Defendant.
Therefore, the judgment of the court below is erroneous.
2. Determination
A. On August 5, 2014, the Defendant, at the FF office operated by the Defendant, on the instant charges, concluded that “The said real estate will be purchased at KRW 3 billion, and the cost of transferring real estate will be borne by the victims or co-owned owners of the land and buildings of KRW 17,00,000,000,” with respect to the land and buildings of KRW 17,000,000,000,000,000,000,000,0000,000,000,0000,0000,0000,0000,000,0000,000,000,0000,000 won.”
However, in fact, the Defendant did not intend to bear the cost of transferring the real estate even if he received the transfer of ownership from the victims, or to pay the remainder of the purchase price of KRW 3 billion, except for the repayment of debt, etc., to the victims. In order to secure the balance of the purchase price, the Defendant did not have any intent or ability to set up a collateral equivalent to one billion won with the maximum amount of the debt
As above, on August 13, 2014, the Defendant deceptioned the Victim H and completed the registration of ownership transfer with respect to 17 J real estate from the Victim H, and then borrowed KRW 2.5 billion from the Daegu Bank as collateral on the same day and then borrowed KRW 2,393,580,031 among them.