사기
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is that the Defendant, in spite of the fact that the victim D (hereinafter “victim”) was unable to lease the entire building in E and the land of 8,651 square meters (hereinafter “the real estate of this case”) among the real estate of this case, the Defendant, by deceiving the victim, to enter into the instant lease agreement with the victim, and to convert the sales contract amount of KRW 50 million for the instant real estate of this case received from the victim into part of the above lease deposit, by deceiving the victim as if it would be possible to lease the building normally, the Defendant was acquitted of the Defendant on the ground that there was no proof of the facts charged. In so doing, the lower court erred by misapprehending the legal doctrine or by adversely affecting the conclusion of the judgment.
2. Determination
A. The summary of the facts charged is the representative director of the C&C company following the following:
On August 8, 201, the Defendant: (a) sold the instant real estate to the victim in Soyang-dong, Yasan-si; (b) concluded a sales contract with the victim on the said real estate; and (c) received cash KRW 40 million from the victim on September 8, 201, in cash as part of the down payment; and (d) transferred KRW 10 million from the victim. However, the Defendant became aware of the fact that taxes are imposed on the sale of the instant real estate after entering into a sales contract with the victim on September 2, 2011, the Defendant would sell the said real estate again between the victim and the first day of October 201 and the “150 million won on the entire building and land; and (b) sold the said real estate to the Plaintiff on May 5, 2015; and (c) leased the said real estate within the lease period of KRW 50 million on the entire building and land.
‘False speech' was made.
However, in fact, among the real estate in this case at the time, one building (80.4 square meters in a single-story roof) is located in the building.