사기
The prosecutor's appeal is dismissed.
1. In order for a person who suffered damage to the gist of the grounds of appeal to secure the right to operate food distribution business from T Co., Ltd. (hereinafter “T”), there was an urgent need to prepare a logistics warehouse on the J land, and for this purpose, there was a discussion as to the point of completion of the above logistics warehouse in the process of the instant agreement, since the agreement was concluded between the defendant and the defendant.
It is reasonable to see that the defendant can complete the above logistics warehouse until August 2013 at the time of entering into the instant agreement with the victim and its partnerO consistently.
In light of the circumstances acknowledged by the evidence submitted by the prosecutor, such as the fact that the defendant was stated to the effect that he was unable to hold funds to construct the above logistics warehouse on his own at the time of conclusion of the instant agreement, and all funds raised by the use of the I land that was transferred from the injured party were used for the IF new warehouse, the Defendant would construct a new logistics warehouse by the end of September 2013 to the injured party without the intention or ability to construct the above logistics warehouse on his land.
Since it can be sufficiently recognized that the damaged person had been transferred the ownership of the I land in return for the deception, the judgment of the court below which acquitted the Defendant of the facts charged in this case is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.
2. Determination
A. On July 15, 2013, the Defendant newly constructed a warehouse (hereinafter “the instant logistics warehouse”) on the part of the JJ (hereinafter “J”) in the land located in the Busan-gu Busan-gu, Busan-do, by setting the purchase price of the said land as KRW 45 million, at KRW 500,000,000 to KRW 50,000 of the tenant’s deposit and KRW 165,000,000,000,000,000 for the tenant’s collateral collateral and KRW 165,000,000,000,000,000 for the tenant’s collateral collateral, at the victim’s office located in the Busan-gu, Busan-gu, Busan-gu, Busan-do. (hereinafter “C”).