특정경제범죄가중처벌등에관한법률위반(사기)등
Of the judgment of the court of first instance, the judgment of the court of second instance, and the judgment of the court of third instance, the guilty part of the defendant A (victim BT, CH, CK, DDR, and EN.
1. Summary of grounds for appeal;
A. On November 1, 2013, Defendant A1, 2013, the lower court: (a) decided on November 1, 2013, the Defendant, on November 1, 2013, to designate and lease the Seoul Gangnam-gu AP 101 (hereinafter “AP”) as KRW 600 million to the victim AV; (b) decided to register (hereinafter “registration of reduction”) that reduces the amount of debt secured by the right to collateral security by repaying the amount of KRW 600 million out of the secured debt secured by the right to collateral security established in AP with the victim’s KRW 600 million.
On November 1, 2013, the Defendant had a plan to divert down payment of KRW 100 million at the time when receiving down payment of KRW 100 million from the damaged person, but had the intent or ability to register the reduction of KRW 100 million by preparing KRW 100 million until February 28, 2014, which is the payment date of the remainder of KRW 500 million.
The Defendant used KRW 100 million for the construction cost of the Gangnam-gu Seoul AX multi-family house (hereinafter “AX house”), and prepared KRW 100 million by selling or leasing AX housing before February 28, 2014, and planned to register the reduction on February 28, 2014. However, upon the victim’s request, it was impossible to prepare KRW 100 million by January 22, 2014 as the date of payment of the remainder of the deposit and the date of payment of KRW 500 million for the remainder of the deposit was made. On the other hand, on January 22, 2014, the Defendant paid the remainder of KRW 50 million and registered the reduction again by paying the remainder of KRW 100 million until February 28, 2014.
Therefore, the Defendant would compel the victim to register the reduction.
There was no criminal intent to acquire 100 million won by deception.
B) On January 22, 2014, the Defendant failed to disclose the fact that the Defendant was unable to prepare for the amount of KRW 100 million to the victim at the time of receiving a balance of KRW 500 million from the injured party on January 22, 2014, but had the intent and ability to file for registration of reduction.
The defendant shall receive KRW 500 million from the injured party, and shall start with X and Seocheon-gun for the registration of reduction, and shall be Chungcheongnamcheon-gun.