사기등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is without reasonable doubt that the Defendant committed the crime of fraud, attempted fraud, fabrication of private document, or uttering of private document, as stated in the facts charged, although the lower court acquitted the Defendant on the grounds that all of the facts charged in the instant case did not have evidence of crime, and the victim B made a statement consistent with the facts charged in the instant case from the investigative agency to the court of the lower court, and E also made a statement consistent with the facts charged in the instant case by the 10th trial day of the lower court. In view of the fact that it is difficult to credibility the reversed statement, the lower court found the Defendant not guilty,
2. The lower court determined as follows on the basis of the facts alleged in the fourth page 2 of the lower judgment on the ground of the facts alleged in the facts charged.
(However, the lower court’s second sentence “4. 28 April 2018” at the bottom of the fifth page appears to be a clerical error in the “4. 28 April 2014.”
Of the facts charged in the instant case, it is difficult to readily conclude that the sum of expenses incurred in cancelling the voluntary auction of this case is limited to KRW 243,939,826 (the principal and interest on collateral security, expenses incurred in withdrawing the auction, expenses incurred in withdrawing the auction, expenses incurred in preparing a loan and a notarial deed with the amount of KRW 250,500,000,000 to the victim, which is KRW 2550,000,000,000,000,000,000 to the effect that the victim took place. Furthermore, it is difficult to conclude that the victim had proved that the expenses incurred in cancelling the voluntary auction are limited to KRW 243,939,826,000,000,000 for the difference between the principal and interest paid by the victim and the interest paid by the 11,212,439,826,000 won.
Therefore, this part of the facts charged.