특정경제범죄가중처벌등에관한법률위반(사기)
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. While misunderstanding of facts and misunderstanding of legal principles, the Defendant, with respect to the payment of the gold, is the party under the contract under the D sales contract of this case on October 21, 2011, who is the mother of D and the Defendant’s denial.
However, since the defendant and D led the process of entering into and implementing the instant sales contract, the parties to the instant contract are the defendant and D.
From the point of view, the land subject to the instant sales contract is 33/10 of the macro-si F, V 2, and X 88.
Each of the above lands was owned by D's mother-friendly E, and was transferred under the Defendant's wife Y name on October 21, 201 according to the instant sales contract, and was combined with F's land thereafter.
However, 30/95 of the above V land was originally owned by W, and the part on W’s share was included in KRW 730 million in the land price under the contract of this case, and the Defendant paid W directly KRW 100 million (referring to the above amount as an intermediate payment of KRW 100 million separately stated in the transaction contract). Therefore, the total amount of the purchase price that the Defendant is obligated to pay to D was KRW 630 million (the record of trial was KRW 173, 162, 331, 378). Before the registration of the transfer of ownership, it was difficult to pay KRW 360 million in full to D prior to the transfer of ownership, and was understood from D.
Therefore, the Defendant did not deceiving D, as stated in the facts charged, regarding the payment of intermediate payment of the instant land.
2) Before the purchase and sale contract for the instant land, the Defendant provided D with a plan that “the Defendant shall perform the construction work on credit with the funds of the contractor until he/she receives the horse loan from the project strike due to the lack of money in the amount of KRW 3-400 million (hereinafter “PP loan”), and if the EP loan is made, he/she shall perform the construction work with the funds.” This proposal is accepted by D.