특정경제범죄가중처벌등에관한법률위반(사기)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (based on factual errors and misapprehension of legal principles) (based on August 2008, the Defendant entered into a contract for the construction of Seongdong Comprehensive Construction Co., Ltd. and the construction of underground parking lot worth KRW 10.3 billion, but failed to pay the construction cost up to June 2009 due to the shortage of funds, submitted false data as if the Defendant paid the construction cost equivalent to KRW 4.4 billion to the victim, and submitted a financing plan to raise the construction cost equivalent to KRW 1.4 billion, even if the Defendant did not have the ability to raise funds.
Accordingly, the defendant deceivings the victim with respect to his own funds, methods of raising funds for others, and the ability to implement the planned business among the matters to review the credit guarantee examination on facility funds in accordance with the standards for operating guarantee and operating guarantee funds, and thereby, although the victim did a property disposal act, the court below judged that it is difficult to recognize that the defendant committed a deceptive act to the extent of the victim's mistake. Therefore, the court below erred by misapprehending the facts
2. Determination:
A. The summary of the facts charged in the instant case is the representative director of E (E) for the purpose of real estate leasing, management, consulting, etc. (hereinafter “E”), and around November 2007, the Defendant entered into a lease agreement for the business facilities of the Korea Railroad Corporation and the Gu and the Gu and the Gu and the business facilities of the Gu and the 27 billion won rental deposit.
However, around August 2008, the Korea Railroad Corporation applied for approval to use the F Station for viewing, but it was rejected due to the reasons for non-construction of the underground parking lot, E agreed from the Korea Railroad Corporation to construct the F Station, which requires construction cost equivalent to KRW 10.3 billion at the expense of E, such as guaranteeing the right to use and benefit from parking lots, and reducing the rental deposit (hereinafter “instant parking lot”).
However, in fact, E shall be paid in capital at the time.