사기
All appeals filed by the prosecutor against the Defendants are dismissed.
1. The judgment of the court below which acquitted the Defendants on the grounds that there is no evidence to prove the fact that the Defendants conspired in collusion with the Defendants to induce the victims to waive the right of retention by deceiving the victims FF, G, K, etc., and thereby obtaining property benefits since the creation of the right of retention was not made.
2. Determination
A. The summary of the facts charged is the actual operator of the I Co., Ltd. (hereinafter “I”) who is the successful bidder of the 18-generation H apartment in Chungcheongnam-gun, Chungcheongnam-gun (hereinafter “instant apartment”), and the defendant B, as a certified judicial scrivener, is the major shareholder of the said company.
In February 2010, the Defendants: (a) at the office of the certified judicial scrivener in charge of the operation of Defendant B, which was in the jurisdiction of the Republic of Korea on February 1, 2010, the victim F, G, and K, who had been exercising the right of retention, shall obtain a loan for the successful bid price for H apartment auction from the Saemaul Community Depository of the Republic of Korea, which was in the exercise of the right of retention; (b) there is a letter of waiver of the right of retention being exercised by the parties; (c) therefore, the Defendants would make a loan of KRW 20 million in consideration of the letter of waiver of the above right of retention. Of these, KRW 10 million, the remaining KRW 120 million, and KRW 120 million,000,000,000,000 to the Saemaul Community Depository of the Republic of Korea on the whole of H apartment 18 households, the Defendants would establish the right of collateral security in the order of KRW 501 and 502 to the parties and set up the right of collateral security at 15.
However, the Defendants borrowed KRW 350 million and KRW 200 million from L and M, respectively, as the bond company, since January 2010, due to the lack of the successful bid price for the above apartment, from L and M, and secured by the collateral, KRW 910 million in the second priority order against the ten households of the apartment of this case.