특정경제범죄가중처벌등에관한법률위반(사기)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (the factual error) concluded a sales contract for the forest of this case where the Defendant had no particular property and had no intent or ability to pay the purchase price, and acquired the right to actually use the forest of this case and realized its value in full. Even in the instant real estate sales contract, in light of the fact that the intermediate payment was established on April 28, 2008, the intermediate payment was established on September 18, 2008, and that the remainder was set respectively on September 18, 2008, and the Defendant’s consistent statement or part of the statement, etc., it can be sufficiently recognized that the Defendant’s deception and the Defendant
2. The grounds for appeal and the judgment on the ancillary charges added in the trial
A. (1) The Prosecutor’s argument on the grounds of appeal in this part of the facts charged (the facts charged in this part was the primary facts charged because of the addition of the ancillary facts charged in the trial as seen below) was made by the Defendant at the E-real estate office located in the wife population D around March 14, 2008, the Defendant paid the victim F and G the remainder of the charges as KRW 200 million by obtaining a loan from the victim F and G as security on April 28, 2008 (title trust) “The wife population H 485m2 in the city where the Party is in fact owned by the Party”, the 668m2 in the above IJ forest, the above JJ forest and 532m2 in the above JK forest, and the above KK forest and 637mm2 in the aggregate (hereinafter “the instant forest”).
However, the Defendant had the intention to use the forest mortgage loan of this case as an individual investment loan, not an intermediate payment payment, from the beginning. Since there was no property, there was no intention or ability to pay the intermediate payment and the balance.
As such, the defendant deceivings the victims and belongs to them.