사기
The prosecutor's appeal is dismissed.
1. According to the special agreement entered into with N Co., Ltd. I (hereinafter referred to as “I”) under this N Co., Ltd. (hereinafter referred to as “N”), the summary of the grounds for appeal is confirmed that the Defendants knew of the existence of M Co., Ltd. as the legitimate right holder of Suwon-si L Co., Ltd. (hereinafter referred to as “the apartment of this case”). According to the certified copy of the registry of the apartment of this case, the Defendants confirmed or could have discovered that the Defendants did not have the right to dispose of the apartment of this case, but sold the apartment of this case to the complainant without sufficiently confirming and examining the fact that the Defendants sold the apartment of this case to N, and that the Defendants concluded N Co., Ltd. with N Co., Ltd. (hereinafter referred to as “N”), even if the Defendants were fully aware of the criminal intent to acquire the purchase price of the complainant’s apartment of this case, the lower court erred by misapprehending the legal principles.
2. In addition to the circumstances revealed by the lower court’s judgment, the following circumstances revealed by the evidence duly adopted and examined by the lower court, namely, when a null and void sales contract was concluded with J (hereinafter “J”) and N, even if the ownership of the apartment of this case was not held by J, and the J was able to verify that the first priority beneficiary under the above trust agreement was holding only the right to benefit under the trust agreement entered into with the Luxembourg Trust Co., Ltd. with respect to the apartment of this case, the first priority beneficiary under the above trust agreement was a new bank and Jeju Bank, which is a financial institution, and the J was in the third priority beneficiary status with the Hyundai M Co., Ltd., which is the contractor, and thus, the actual owner of the apartment of this case, as the Defendants, could be understood as the “J”, and as such, it is basically possible at the time when I entered into a sales contract with the N.B., the Defendants.