사기
The prosecutor's appeal is dismissed.
1. Comprehensively taking account of the evidence presented by the prosecutor in the gist of the grounds for appeal, the court below acquitted the Defendant of the facts charged in this case, although the Defendant could sufficiently recognize that the Defendant conspired with D and had C acquire pecuniary advantage equivalent to KRW 80,000,000,000, by deceiving the victim, but the court below acquitted the Defendant
2. Determination
A. The summary of the facts charged in the instant case was urged to pay KRW 45 million to C with respect to real estate located in the Dong-gu in Gwangju-gu, Gwangju, by February 17, 2015.
Accordingly, the Defendant, along with D, proposed to lend only the name necessary for the real estate transaction to the victim E, who is the branch of D, and solicited the victim to take out various documents, such as a letter of subrogation agreement, thereby inducing the victim to deceit the victim to meet the obligation of KRW 80 million ( KRW 30 million,000,000,000,000 in addition to the above KRW 45 million obligation of the Defendant and KRW 5 million,000,000 in addition to the above KRW 30,000,000,000 in addition to the above KRW 45 million obligation of the Defendant).
D On February 5, 2015, at the coffee shop located in Geum-gu, Gwangju-dong, Gwangju-gu, stating that "the injured party receives 20 million won which he had not been lent to F on behalf of F, and there is a house located in Nam-gu, Nam-gu, Gwangju in the real estate that he has recently traded, and if only the name is leased, he/she will dispose of the house in the name of the injured party and dispose it again to C after one month following the registration of transfer of ownership in the name of the injured party so that no damage may be inflicted on the injured party."
The defendant and D, around 15:00 on February 12, 2015, use false words in the sales contract necessary for the transfer of ownership to the victim's name in the name of the victim in the location where C is seated, at the office of J in Gwangju Dong-gu H building I in Gwangju-gu, Gwangju-gu, and then receive a certificate of personal seal impression from the victim, and then J has "the defendant is coming to C.