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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal did not notify the Defendant that the loan of KRW 100 million was immediately executed in addition to the issuance of a commercial credit where the Defendant provided the instant real estate to the victim as collateral. Therefore, the Defendant did not intend or have the ability to purchase the instant real estate by omission (no intention or ability to purchase) by paying the purchase price of the instant real estate and transfer ownership. Therefore, the lower court found the Defendant guilty of the instant facts charged. In so doing, the lower court erred by misapprehending the legal doctrine.
2. The summary of the facts charged is C’s representative, D is a director, and E is a real estate development business entity.
In fact, the Defendant: (a) had the purpose of establishing a commercial credit center (L/C) for export and import with money of KRW 100 million from a bank; (b) did not have any intent or ability to receive ownership transfer by paying the purchase price within the stipulated time limit after purchasing the said site from the injured party.
Nevertheless, the Defendant, in collusion with D and E on February 20, 2012, provided the above site as security to the victim, without notifying that the loans of KRW 100 million are immediately executed in addition to the establishment of the Commercial Credit Center (L/C). In order for C to engage in export and import transactions, it is necessary by the Commercial Credit Center (L/C).
In establishing the Commercial Credit Chapter (L/C) for the amount of US$400,000, the sales contract will be faithfully implemented as profits through export and import transactions if the above site is offered as security.
The purchase price of the said site shall be KRW 570 million, and the down payment of KRW 10 million shall be KRW 10,000,000,000 for the first intermediate payment of March 20, 2012; KRW 150,000,000 for the second intermediate payment of KRW 1,50,000,000 for the third intermediate payment of April 20, 2012; and KRW 120,000,000 for the third intermediate payment of May 20, 2012.
Denating “.....”