사기
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal: (a) the Defendant decided to purchase the I land in Gwangju City from the J, the owner of the land, and was notified by the J of the cancellation of the above sales contract; (b) without notifying the victim E of the cancellation of the above sales contract, concluded a contract to resell the said land by stating that “the said land has been transferred to the part payment of the said land; and (c) the Defendant was granted a grace period for the repayment of the said existing obligation in lieu of the Defendant’s payment of the down payment to the victim for the said land purchase contract in lieu of the Defendant’s payment of the down payment to the victim for the said land. This constitutes deception by omission because the Defendant did not notify the victim of the importance of the conclusion of the contract and the specific circumstances.
In addition, at the time, the Defendant did not have the ability to pay the balance of the above land purchase and sale contract to J as the owner of the above land, and the possibility that the above land sale and sale contract will be implemented due to the dispute with J was imminent. Therefore, at the time, the Defendant had the intention to obtain the above money by deception.
Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged in this case is erroneous.
2. A summary of the facts charged: (a) around April 4, 2007, the Defendant entered into a contract with the victim E on condition that he would obtain permission to engage in development activities; (b) obtained delivery of KRW 38 million as a down payment; (c) did not obtain the said permission; and (d) did not obtain the said permission, the Defendant had the obligation to return the down payment amount of KRW 38 million to the said victim.
On August 21, 2008, the Defendant concluded a contract with the above victim to purchase the I land in Gwangju City and made the intermediate payment to the said victim in the name of the land.
The amount of KRW 38 million shall be 2,970 square meters out of 13,00 square meters of land I to be returned upon termination of the F Trading contract in Gwangju City.