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The judgment below is reversed, and the case is remanded to the Incheon District Court.
Reasons
The grounds of appeal are examined.
1. The summary of the facts charged of this case refers to the victims of this case that "it is clear that the defendant will win the lawsuit for return of unjust profits (hereinafter "relevant civil lawsuit") brought against He with the provisional seizure of H's real estate, and that if the defendant invests in the company operated by the defendant, he shall pay the amount equivalent to 50% of the amount of the above provisional seizure amount, and shall pay the amount equivalent to 2% of the amount of the above provisional seizure amount, and even if the above amount is not paid, he shall return the principal of the investment without representing the principal." However, in the related civil procedure, the defendant could not have known that any judgment was made in the related civil procedure, and the defendant did not have the intent or ability to return the principal of the investment or pay the proceeds if he loses the above lawsuit due to bad credit standing and at least 500 million won. However, the victim was accused of the victims, thereby deceiving the victims, thereby deceiving the victims to acquire the total amount of KRW 2569 million from the victims.
2. Review of the facts and records by the lower judgment reveals the following.
A. At the time of the instant case, the complainant was aware that the Defendant was economically lacking in managing the company.
Since the facts charged in this case are stated, even though the judgment cannot be known at all in the related civil procedure, the defendant's winning in the related civil procedure is certain and false to the complainants.
B. The relevant civil lawsuit was related to a complicated legal relationship that is linked to the sales contract between the Defendant and K and H. However, in the said lawsuit, the amount equivalent to the above amount against H by the Defendant on the ground that the said contract was finally null and void as to KRW 1,117,00,000 paid by the Defendant to H in accordance with the real estate sales contract.