사기
The prosecutor's appeal is dismissed.
1. In full view of the statements made by the victim G, E, and F, the Defendant, by deceiving the victim, voluntarily cancelled the registration of setting up the second priority mortgage in the victim’s name and acquired pecuniary profits by setting up the second priority mortgage in the third party’s name;
must be viewed.
Although the court below found the Defendant not guilty of the facts charged of this case, it erred by misapprehending the facts and affecting the conclusion of the judgment.
2. Determination
A. The summary of the facts charged is that the Defendant invested in Youngcheon-si Dispute Resolution Co., Ltd. and operated E, F, etc. with the said Company.
On July 2012, the Defendant: (a) set up a first priority mortgage on July 20, 2012 on the said company’s real property, namely, KRW 1.26 billion, KRW 150 million, and KRW 150 million from the victim G; and (b) on the instant real property, the Defendant borrowed each amount of KRW 1.5 million from the victim G; and (c) set up a second priority mortgage on the said real property on July 16, 2012 for the land and buildings owned by the said company (hereinafter “instant real property”); and (d) set up a second priority mortgage on August 16, 2012 for the said real property by the victim and H.
Around October 2012, the Defendant attempted to obtain more loans by converting Doldong Dolin into another financial institution, such as the one-class security right holder of the first priority in return of the investment deposit from the said H, the Defendant continued to obtain more loans from around November 18, 2012, and the said H’s pressure to return the investment deposit continued, the Defendant borrowed KRW 150 million from the J individual, the first branch of the Gyeongsan District I, which was the first branch of the Gyeongsan District, at KRW 150 million, from the victim, etc. who was already established in the said real estate, and set up a second priority mortgage to J.
On November 22, 2012, the Defendant: (a) at L coffee stores located in Daegu-gu K on November 22, 2012; (b) the facts were accrued while promoting loans from financial institutions other than the above-mentioned Doldong-gu; and (c) in order to borrow bonds worth KRW 150 million from J, the Defendant would cancel the second priority mortgage in the name of the victim.