사기
The judgment of the court below is reversed.
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. Summary of grounds for appeal;
A. In fact-finding, the Defendant did not say that “A person who borrowed money from the victim is a person who borrowed money from the victim is not the Defendant, because the Defendant: “A person who borrowed money from the victim to make the registration of an apartment is registered, and the buyer is waiting for to return the money borrowed from the apartment to the immediately return the money.”
Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.
B. The sentence imposed by the court below on the defendant (5 million won of fine) is too unreasonable.
2. Summary of the facts charged in this case and the judgment of the court below
A. On May 23, 2014, the summary of the facts charged in the instant case: (a) around 16:00, the Defendant borrowed money from the victim C to “Agred a new bank located in 25, Jin-si, Jin-si, Jin-si, for the purpose of apartment registration, the Defendant borrowed money from the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of
However, in fact, the apartment house that the defendant newly purchased cannot be registered immediately because it is not registered as a preservation of ownership, and because it was not in the presence of the sub-contractor, it was not possible to immediately pay back the money borrowed from the deposit on a deposit basis under the lease contract.
The Defendant, at around 16:10 on the same day, transferred KRW 10,000,000, and KRW 5,000,000 on the same day from the victim, and acquired the total of KRW 15,00,000 from the victim.
B. The summary of the judgment of the court below is that the victim stated in the investigative agency and the court below that the above talked with the defendant before the above bank, and ① the victim was found at the bank store dealing with the receipt of apartment purchase price and the secured loan business that the defendant attempted to purchase because he did not believe D's financial capability.