사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, the above punishment shall be imposed for a period of two years from the date this judgment became final.
1. The summary of the grounds for appeal stated that at the time of the conclusion of the contract with the defendant consistently from the investigative agency to the court, the victim H did not inform the Korea Railroad Corporation of the fact that the defendant had received a ruling of recommending reconciliation that the land should be transferred from November 30, 201 with respect to the “E” business site. The statement by the J also conforms to it. Under the relevant legal principles, the defendant did not notify the victim of the legal obligation to notify that the decision of recommending reconciliation was made in accordance with the principle of good faith. Thus, if the defendant was notified of the above fact, it can be deemed that the fraudulent act was committed, and it is apparent that the victim would have paid KRW 100 million and did not take over business from the defendant, and thus, it is evident that the causal relationship between the defendant’s deception and the disposition of the victim’s disposal
Nevertheless, the judgment of the court below which acquitted the defendant on the charge of fraud is erroneous by misapprehending the legal principles.
2. The facts charged and the judgment of the court below
A. The Defendant is a person who has conducted a project to abolish the instant facts charged under the trade name “E” in the Yongsan-gu Seoul Metropolitan Government, Yongsan-gu, C, and D Railroad Land.
around September 9, 2011, the Defendant, at around 2010, was subject to a lawsuit for removal of buildings and a claim for delivery of land based on ownership from F Co., Ltd., the owner of the above land (after that, the “Korea Railroad Corporation” succeeds to the Plaintiff) and paid a total of KRW 500 million from December 15, 201 to April 15, 2012 to the Korea Railroad Corporation, and upon receipt of a settlement recommendation decision, the Defendant, “dembling all facilities, etc. in the above place of business and delivering the above land” on October 5, 2011, the Defendant, despite the fact that the said decision became final and conclusive on October 5, 2011, acquired the above place of business from G, which was known to ordinary citizens, by acquiring the above place of business.