특정경제범죄가중처벌등에관한법률위반(사기)
The prosecutor's appeal is dismissed.
1. According to the summary of the grounds for appeal and the statements of the victim and I, the current status of the access road to the instant case and the dispute matters related thereto are important parts in concluding the instant real estate sales contract or are the data to be determined by the victim in purchasing the instant real estate. However, it can be acknowledged that the Defendant sold the instant real estate without notifying the victim thereof, thereby deceiving the money equivalent to the purchase price.
Therefore, the judgment of the court below which acquitted the defendant of the facts charged is erroneous and adversely affected by the judgment.
2. Determination
A. On March 23, 2009, the summary of the facts charged is that the Defendant entered into a contract to use the access road (F site; hereinafter “the access road of this case”) to the access road of the E and five parcels of land and the building on the ground (hereinafter “the real estate of this case”) in the Dongbcheon-si, Dongbcheon-si, the Defendant owned, for a use of the access road of this case, due to significant inconvenience in the use of the real estate of this case, and around April 27, 2006 with G and the access road of this case from April 27, 2014 to April 27, 2014, without notifying the buyer H of the use period. However, the purchase contract of this case was concluded without notifying the buyer H of the use period.
As above, the Defendant: (a) by deceiving the victim; (b) received KRW 120 million from the victim as the down payment on the same day; and (c) received KRW 1.41 billion as the remainder payment on March 26, 2009; and (d) acquired KRW 1.53 billion in total as the down payment.
B. The lower court determined as follows, based on the evidence duly adopted and investigated, and (i) the Defendant acquired the instant real estate at auction on January 27, 2006.