사기
The prosecutor's appeal is dismissed.
1. In light of the victim C and his husband’s statement, etc., the gist of the grounds for appeal can be acknowledged that the Defendant, by deceiving the victim on or around January 22, 2015, obtained by deceiving the victim, but the lower court found the Defendant not guilty of the facts charged of this case. However, the lower court erred by misapprehending the legal doctrine that affected the conclusion of the judgment, which affected the conclusion of the judgment.
2. Determination
A. The summary of the facts charged in this case, around December 2, 2014, the Defendant decided to sell the entire land in the name of the victim C and the Defendant’s father D to the victim, and the Defendant, at the G Certified Judicial Office located in the Nam Sung-gun F, Nam-gun, Namsung-gun, Seoul around January 22, 2015, the Defendant sent phone to the victim for telephone, and “I prepared a contract for the sale of the E land, with a seal affixed at a time and seal affixed thereon.”
However, in fact, the Defendant stated the E-land in the above D name as H 1,339 square meters, I 529 square meters, J 1,779 square meters, K prior to 307 square meters, and L’s indictment as “P” but appears to be a clerical error.
Using the fact that the victim is a total of 10 square meters of the previous 10 square meters and M 1,924 square meters, and the victim is not accurately aware of the same time, only the remaining 4 parcels except for two parcels, such as H 1,339 square meters and I 529 square meters, among the above land, were entered in a trade contract, and there was no intention to sell the entire six parcels.
Thus, the defendant deceivings the victim as above and transferred KRW 18 million to the Agricultural Cooperative Account (Account NumberO) in the name of the defendant N on the same day from the victim.
B. The lower court found the Defendant not guilty on the grounds that the facts charged in the instant case constitute a case where there is no proof of crime after recognizing the basic facts as follows, and sentenced the Defendant not guilty pursuant to the latter part of Article 325 of the Criminal Procedure Act.
1) According to the records of basic facts, the following facts are recognized.
In the case of real estate Nos. 1,339 square meters, H 1,779 square meters prior to the J. Masung-gun, G, and 1,779 square meters prior to the real estate J. 1,779 square meters.