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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (the factual error) is that the Defendant was requested to trade the instant land from C Co., Ltd. (hereinafter “C”) or D, the actual operator of C, the owner of 17,696 square meters of eight lots, including Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, etc. (hereinafter “instant land”) and was not entrusted with the sale and purchase of the instant land, and the Defendant did not have the intent or ability to normally implement the sales contract on the instant land. However, the judgment of the court below that acquitted the Defendant is erroneous in matters of law.
2. Determination:
A. A. Around October 27, 2009, the Defendant entered into a sales contract with D, a de facto operator of C, with respect to the instant land owned by C (hereinafter “first sales contract”). However, the Defendant was notified by C of the rescission of the contract on the ground that he/she did not pay the down payment on the agreed date.
After that, D asked the purport that the purchaser can be identified in order to sell the instant land at a higher price than the above purchase price, and the Defendant, upon D’s request, did not color the purchaser as requested by D, but did not want to enter into a sales contract with D as if it was delegated with D’s authority to enter into the sales contract, and attempted to have some of the purchase price.
The Defendant, around June 2, 2010, sold the instant land at a lower price than the market price, to the employees of the victim new metal H who came to know of the introduction from the “G” office located in the “G” office in the Chungcheongnam-gun, Chungcheongnam-gun, for the instant land.
The purchase price is 1.73 billion won, and the down payment is 190 million won and the part payment is paid.
Any balance shall be substituted by the Credit Guarantee Fund with a guarantee after obtaining a factory construction permit.
Therefore, the following land that has been transferred to the registration of ownership transfer shall be loaned as security.