사기
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (the factual error, the misapprehension of the legal principle) was pronounced not guilty on the grounds that the defendant was paid to the lessee who was not revealed in the registry by deceptive money, but the court below erred by misapprehending the legal principles on the crime of defraudation and misunderstanding the special terms of the sales contract entered into between the defendant and F on the land and the multi-family house of the third floor above the ground (hereinafter “instant real estate”) in Ansan-si, Ansan-si, and the status of the compulsory auction as follows.
Upon examining the terms and conditions of the instant contract, as seen in paragraph (2), “the creation of rights on the registry, such as provisional seizure, seizure, compulsory commencement order, and housing leases, shall be cancelled by the time of intermediate payment,” and paragraph (4) of the same Article, “the total amount of deposit shall be included in the sales amount of this contract, and the seller shall be bound by all the legal relations such as the cost, etc. regarding the name of the tenant before the remainder of the outstanding payment,” F paid money to the Defendant by “the purpose of solving the burden on the registry.”
B. Around the time of the instant contract, the compulsory auction procedure regarding the instant real estate was in progress. If the burden on the registry of the instant real estate is not resolved, F would lose ownership and thus be impossible to implement the instant contract itself. Therefore, it would be meaningful to discuss the obligations against the lessee who did not appear on the registry.
2. Determination
A. According to the evidence duly admitted and examined by the lower court, the following circumstances are recognized.
1) On November 20, 2009, I filed a lawsuit claiming damages against the Defendant on November 20, 2009 against the Incheon District Court 2009Kadan102789, and won the entire lawsuit, and thereafter applied for a compulsory auction on the instant real estate, and rendered a decision to commence compulsory auction on December 8, 201, and the Defendant was issued on December 16, 2010.