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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds of appeal is that the Defendant’s act of deceiving the victim by notifying the Defendant, even though the actual purchase price of the instant land was KRW 300 million, constitutes deception of fraud.
2. Determination
A. The summary of the facts charged was that the Defendant entered into a trust agreement with C and the victim D on December 3, 2002, and received KRW 171 million from them, and the E and F (hereinafter “instant land”) purchased from G and completed the registration of transfer of ownership in the Defendant’s mother H’s name on December 3, 2002, after completing the registration of transfer of ownership, C and the victim made a provisional registration on December 3, 2002, designating C and the victim as the holder of one-half share rights as the holder of one-half share rights to the instant land on the same day in order to secure the right to claim the registration of transfer of ownership of the instant land, and around June 18, 2013, the victim first acquired the right to claim the transfer of ownership equivalent to the above 1/2 share from C and transferred the above victims’ right to claim the transfer of ownership.
On March 17, 2014, the Defendant: (a) sold the instant land to J upon the request of the said C and the victims for the disposal of the instant land; (b) however, (c) sold the instant land in a false manner with the purchase price of KRW 220 million; (d) was executed as if the instant land was sold to the victims with the purchase price of KRW 220 million; and (e) obtained the pecuniary benefit of KRW 300,000,000,000, which is the market price of the instant land, by obtaining the registration of cancellation of the said period from the victims.
B. The lower court’s judgment 1) The following facts can be acknowledged according to the evidence duly admitted and examined by the lower court.
① On December 2, 2002, the Defendant was divided into approximately 950 square meters, and KRW 1,243 square meters before E on February 21, 2014, and KRW 1,896 square meters before E on December 21, 2014, in Jeju-do owned by G to D and C.
The land of this case (hereinafter referred to as “the land of this case”) is a pension project.