사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The summary of the grounds for appeal is that the defendant borrowed KRW 100 million from the victim to use it for acquiring the right to sell a D apartment shopping mall in e.g., in order to use it for the victim, and most of them are used for the purpose of using it. If the defendant promised to repay to the victim 15 days, he/she may resell the right to sell in lots and repay the borrowed amount of KRW 100 million with the proceeds obtained from the right to sell in lots. If it does not proceed as scheduled, even if the right to resell in lots does not proceed as scheduled, he/she is able to repay KRW 100 million only with the property owned by the defendant, but he/she is not able to repay the amount of KRW 100 million due to temporary light
Nevertheless, the lower court recognized the Defendant’s fraud of KRW 100 million. In so doing, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.
2. Ex officio determination
A. Application for Amendments to Bill of Indictment and the prosecutor of this court’s permission are next to the facts charged on the second trial.
As stated in the same paragraph, the application for permission to amend the bill of amendment was filed, and this court permitted it, and the subject of the judgment was changed.
Therefore, the entire judgment of the court below cannot be maintained as it is.
However, even if there is a ground for ex officio reversal of the judgment below, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, and this is examined in paragraph (3) below.
B. On February 2016, the Defendant may gain a large amount of profit if he resells the 1, 2, commercial buildings in the D apartment complex in the G apartment complex in Hasung-si.
The executive officers of the FF company, who are subcontracting companies, could have the right to sell in lots without a framework and calculated an adequate amount of the right to sell in lots.
If 100 million won is lent, 200 million won, including the principal.