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The judgment of the court below is reversed.
Defendants shall be punished by imprisonment for four months.
However, as to the Defendants, this is against the Defendants.
Reasons
1. The summary of the grounds for appeal did not hold the funds to purchase MM commercial building located in Ansan-si (hereinafter “instant commercial building”). However, Defendant A, even before the purchase of the building through the loan of the financial institution, was considered to have been able to prepare the purchase fund of the instant commercial building in such a way, and the Defendants, by conducting specific negotiations with the actual seller, made a specific negotiation with the actual seller, up to the stage of sales.
Therefore, the Defendants deceptioned the victim.
It can not be said that there was a criminal intent to acquire by deception against the Defendants.
2. Determination
A. Prior to the judgment on the grounds for appeal, the prosecutor applied for the written indictment to change the facts charged from the trial court to the following (i) to the following (ii). Since the subject of the judgment was changed by this court's permission, the judgment of the court below was no longer maintained.
1) On May 21, 2012, the Defendants expressed that, at the coffee shop located in Gwanak-gu, Seoul Special Metropolitan City on May 21, 2012, there was a business center building in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul Special Metropolitan City, where the appraisal of “(49 years of age)” was at least 10 billion won. The Defendants would make profits from the purchase of the building. If they purchased the building, they would make profits from the purchase of the building. However, at the time, the Defendants did not have any funds for the purchase of the building, and did not have any specific plan for the purchase of the building, they did not have the ability to make profits from the investment according to their promise even if they were to receive the funds for the purchase of the building from the victims. Accordingly, the Defendants conspired with the victims by receiving 20 million won from the victim’s account on the same day and 20 million won from the victim’s account on the same day (Seoul Special Metropolitan City, 2000 won).