사기
The judgment of the court below is reversed.
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. Summary of grounds for appeal;
A. Since the Defendant notified E of the fact that he did not actually pay the down payment and intermediate payment of the instant land purchase and sale, there was no deception, and even if he made a false statement that the Defendant paid the down payment and intermediate payment in the sum of KRW 1.26 billion, there was no causal relationship between the deception and the E’s disposal.
B. The lower court’s imprisonment (one year of imprisonment) against the Defendant is too unreasonable.
2. On October 4, 2006, the summary of the facts charged in this case, at the D office in charge of the defendant's operation of the Songpa-gu Seoul building 303, the defendant presented to the victim E a real estate sales contract and a down payment of KRW 500 million and an intermediate payment of KRW 760 million for the non-F and 11 lots of land in Namyang-si, Namyang-gu, the defendant made a false statement to the effect that "The G site in Namyang-si, Namyang-si, purchased the land and constructed the multi-pex filmer, and the above filmer's right to act for the sale of the above filmer upon the payment of KRW 200 million of the purchase and sale contract deposit and the intermediate payment of KRW 500 million,000,000,000,000,000,000 won, even if the project is
However, in fact, the real estate sales contract and the above receipt presented by the Defendant to the victim was prepared upon the request of H, the owner of the above project site, and the down payment and intermediate payment was not paid as stated in the actual receipt. The Defendant did not have any intent or ability to return the deposit to the victim in a situation where it is difficult to promote the project because it is difficult to pay the down payment for the sale and purchase of the above project site, unless he/she is given a loan to his/her employees.
As above, the Defendant deceivings the victim, and thereby, from the victim, KRW 150,00,00 as a security deposit for selling in lots.