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The prosecutor's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
(M) The Defendant and J, H, N (hereinafter referred to as the “Defendant, etc.”) and the Defendant and the Defendant, J, H, H, and N (hereinafter referred to as the “Defendant, etc.”) individually used KRW 51,300,000,000,000,000,000 from G, the actual co-operator of the company established for the purpose of selling the C&A apartment and commercial buildings (hereinafter referred to as “C apartment”) on the land outside Mapo-gu Seoul Metropolitan Government and one parcel of land (hereinafter referred to as “F”, and omitted the indication “stock company” when called the name of the company) for the purpose of selling them.
Therefore, even if the Defendant did not have the intent or ability to transfer the ownership of the C Apartment to the victims by implementing the sale agency contract normally from the beginning, the Defendant may fully recognize the fact of deceiving the victims in collusion with J, H, and N, and by deceiving them as stated in the attached list of crimes.
Nevertheless, the lower court acquitted the Defendant of the facts charged, and erred by misapprehending the relevant legal doctrine.
Judgment
The summary of the facts charged is the actual operator of E who has the right of retention equivalent to KRW 2.6 billion in D, the owner of C Apartment, and the person who jointly operates F with G for the purpose of selling C Apartment.
H, June 10, 2015, as the representative director of I, as the parcelling-out agent, entered into a sales agency contract with the defendant of E to receive C apartment construction and sales from the defendant of E, and entered into a sales agency contract with the J on September 7, 2015, subject to the agreement on September 7, 2015, under the above contract, to receive KRW 300 million for the remaining construction and sales of C apartment.
J signed a subcontract agreement with H on September 7, 2015 with K's representative director established for the purpose of real estate enforcement and sale, and the said agreement.