beta
Text
All appeals filed by the prosecutor against the Defendants are dismissed.
Reasons
1. The summary of the grounds for appeal is that the victim heard the statement from the Defendants that the Defendants would settle the issue of double contract with I as the victim’s agent before concluding a new contract for the purchase and sale of land with J and stated that the Defendants would be paid KRW 173,80,000, which is a part of the land purchase price to be received from J, to the Defendants, and the victim made a statement consistent with the facts of this case in detail and consistently from the investigative agency to the court of the court below. In full view of the fact that the construction cost spent by the Defendants was limited to KRW 50,000,000,000, and the Defendant made a statement consistent with the facts of this case during the police interrogation process, the court below found the Defendants not guilty of the Defendants by making a false statement that the Defendants would arrange the purchase and sale contract with I and acquired money from the Defendants.
2. Determination
A. The summary of the facts charged in the instant case is the substantial representative of C's located in the eternist City C, and Defendant B is the representative of the above D's name.
On August 1, 2014, the Defendants purchased land of Ga (9,698 square meters) and H (483 square meters) in 910,000 square meters owned by the victim’s agent F, and entered into a real estate sales contract with the content that the remainder is paid on October 7, 2014.
On the other hand, the Defendants concluded a new sales contract to sell the said land to I for KRW 1,139,60,000 in the name of the victim on the same day.
However, as the "Road Works that the Defendant promised to the above I at the time of the sales contract" was interrupted due to civil petition, the above I sent to Defendant B, F, and the victim a certificate of contents that demanded the cancellation of the real estate sales contract and the return of the down payment on November 6, 2014.