사기
The prosecutor's appeal is dismissed.
1. According to the summary of the grounds for appeal of this case (misunderstanding of facts), the fact that the defendant did not inform the victim of the actual amount of request for sale of housing as to the actual amount of sale of housing, and the victim did not enter into a sales contract at the price presented by the defendant if the victim knew of the actual price. Thus, this constitutes deception in fraud by failing to notify the important part of the contract. However, the court below erred by misapprehending the fact that the court below acquitted the facts charged of this case
2. Determination
A. The summary of the facts charged in the instant case is Gangnam-gu, Seoul, Gangnam-dong, which is located in the Gangnam-gu Seoul, Seoul, and the victim C in the department store "The Seoul, Guro-gu, Seoul, 103 (hereinafter "the instant house") has been buried in the instant house, and the urban planning project is publicly announced as a road site, and it is planned to remove and compensate for the same, so if the purchase is made, it can be entitled to move-out compensation compensation and long-term rental apartment occupancy right.
The sale price is 257 million won, and the house now is 40 million won as the lessee lives in the deposit amount of 40 million won, so the house now is 200 million won.
The purpose of this article is to make a false statement.
However, in fact, E, the owner of the above house, was set up in 165 million won (the amount including the deposit of 40 million won for lease), and the defendant was merely set up a contract at the price of 5 million won in return for preparing the contract at the price of the actual higher than the transaction price to E, and thus, the actual sale price was limited to 170 million won.
As such, the Defendant, by deceiving the victim as such, received a total of KRW 217 million, including a payment of KRW 16 million as the down payment from the victim on January 31, 2013 and KRW 16 million on February 4, 2013, and a payment of KRW 190 million on March 4, 2013 as the remainder payment, etc., and received KRW 130 million on the actual transaction price excluding the lease deposit.