특정경제범죄가중처벌등에관한법률위반(사기)
The prosecutor's appeal is dismissed.
1. Comprehensively taking account of the evidence submitted by the prosecutor to the gist of the grounds for appeal, the Defendant: (a) to K, the president of the D market reconstruction and improvement cooperative (hereinafter the instant cooperative), the head of the D market reconstruction and improvement cooperative; (b) to select and newly construct the F Co., Ltd. (F) as the contractor of the project; and (c) G (hereinafter the “G”) as the trustee of the funding management; and (d) to newly construct the “H” on the 18th floor scale, the ownership of which was
(C) If the ownership of 501 was transferred in the name of J, a purchaser of the ownership, the Bank provides the outstanding balance as security and receives the loan and deposit the balance into the Fund Management Account in the name of G in accordance with the Fund Management Agreement concluded by the instant union, F and G, and there is a settlement agreement and a disposal trust agreement in which the opinion of the instant union is reflected.
The court below acquitted the 501 commercial buildings of this case, although it could sufficiently recognize the fact that J acquired 501 commercial buildings of this case by deceiving K with the documents necessary for the registration of transfer of ownership of 501 commercial buildings of this case from K and caused J to complete the registration of transfer of ownership of 501 commercial buildings of this case under the name of J, the court below acquitted the 501 commercial buildings of this case. The court below
2. Determination
A. The summary of the facts charged in this case 1) The D market reconstruction improvement project for D market reconstruction is a project for constructing apartment buildings, sales facilities, ancillary welfare facilities, etc. on the 3,104.70 square meters in Seo-gu Incheon Metropolitan Government (hereinafter “the project in this case”).
The instant trade association, the implementer of which, around April 2012, selected F as a contractor and a trustee of funding management business, respectively, and newly constructed the instant commercial building and completed the registration of ownership preservation in the name of the instant trade association around August 22, 2014.
G In accordance with the funds management agreement entered into between the above three parties, G establishes a trust account in the name of G (hereinafter referred to as the “trust account”) and carries out duties, such as the receipt of the sales price and the disbursement of construction expenses related to the commercial buildings in this case.