사기
The prosecutor's appeal is dismissed.
1. Comprehensively taking account of the evidence submitted by the prosecutor of the gist of the grounds for appeal, there was a criminal intent to obtain pecuniary profits by having the victim dolusently assume the obligation of joint and several sureties and to obtain pecuniary profits
As can be seen, the judgment of the court below that acquitted the defendant of the facts charged is erroneous in the misapprehension of facts.
2. Determination
A. The summary of the facts charged is that the Defendant will take up the said soup building as D’s materials around January 28, 2010 to the victim E and operate a convalescent hospital in the name of the F Medical Foundation by taking over the said soup building as of October 29, 2009, and then intends to borrow KRW 350 million out of G with the expenses for the alteration and remodeling of the hospital.
In order to provide joint and several surety for KRW 125 million among this money, this building was borrowed from the bank within three months as collateral and repaid KRW 350 million, and when the hospital is completed, it was false that the hospital will take the place at the hospital.
Accordingly, the fact is that the right to collateral security was established in an aggregate amount of KRW 4.7 billion in the soup building. The defendant's investment in the above building did not purchase the above building, but received the ownership of the building from the owner of the whole building after the loan of KRW 6.5 billion, and the ownership of the building was transferred. Although the construction cost was decided to advance payment of KRW 2.4 billion out of the construction cost due to the lack of funds for the construction of the building, the construction contractor did not pay it at all, but did not exercise the right to collateral equivalent to KRW 1.7 billion, and the amount of KRW 1.4 billion in the public fraud was not paid at all, and it was difficult for the construction contractor to obtain a loan of KRW 4.0 billion in the medical hospital which was not a convalescent hospital that was thought to have been easy to obtain a loan of KRW 4.2 billion in the security, and it was also difficult for the construction contractor to obtain a loan of KRW 1.5 billion in the above personal debt to H, KRW 1.5 billion in the victim's joint guarantee.