사기
All appeals by the Defendants are dismissed.
1. The decision of this court on February 1, 200 of the gist of the grounds of appeal is erroneous and unreasonable, respectively (the defendant A was not only sufficiently able to secure the value of the apartment that he borrowed money from the victim and provided as a security, but also had the intent and ability to repay the borrowed money to the defendant A at the time, and the defendants did not invite to commit
A. Various circumstances acknowledged by the evidence duly adopted and examined by the first instance court as to each of the allegation of mistake. ① Defendant A, at the time of purchasing the apartment of this case from H, set the right to collateral security at the market price of KRW 480 million which remains after deducting KRW 180 million from the former deposit of the person having chonsegwon at the time of the purchase of the apartment of this case, and paid the remaining purchase price by borrowing KRW 227 million from Solomon Mutual Savings Bank. ② Defendant A did not complete the registration of ownership transfer without completing the acquisition cost of the apartment of this case under its name and completed the provisional registration without completing the registration of ownership transfer from the victim’s right to claim ownership transfer. The provisional registration of this case was the provisional registration of KRW 60 million, 400,000,000,000,000 from the purchase price of the apartment of this case. ③ The victim was aware of the property of this case under the name of Defendant A and the property of this case.