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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is as follows: (a) the Defendant entered into a sales contract with the victim without being delegated to sell and purchase the said land from D, the owner of Pyeongtaek-si J-si land (which was divided into E on December 3, 2014) and G 617 square meters (the combination of the said two parcels of land, hereinafter “instant land”); and (b) the Defendant was notified of the rescission of the sales contract for the instant land verbally from D before receiving intermediate payments from the victim, but received intermediate payments without notifying the victim of such fact; (c) in light of the fact that the Defendant received intermediate payments without notifying the victim of such fact, the Defendant shall be deemed to have committed the crime of defraudation against the victim.
Nevertheless, the judgment of the court below which acquitted the charged facts of this case is erroneous.
2. On October 8, 2014, the Defendant concluded a contract deposit of KRW 8,364 square meters in total, including KRW 3,306 square meters of forests E, and KRW 4,998 square meters of forests and fields owned by D and F joint ownership (hereinafter referred to as “the instant maternity land”) with respect to D and purchase price of KRW 1.138,50 million, KRW 1.20 million on October 8, 2014, KRW 220 million on the first down payment, KRW 30,000 on October 14, 2014, KRW 30 million on the second down payment, KRW 15,000,000 on November 20, 2014, KRW 15,000,000 on intermediate payment, KRW 250,000 on April 20, 2015, KRW 108,500,000 on May 26, 2015.
On November 6, 2014, the Defendant entered into a contract to sell land with the victim and to pay the victim KRW 198 million (hereinafter “the instant contract”) of KRW 359,000,000 on December 11, 2014, on the part of the Defendant’s office located in the fifth floor of the H building in Pyeongtaek-si, namely, “in-house Jin-si (which was divided into E on December 3, 2014) and KRW 617,000,000,000,000 for the purchase price with the victim and KRW 198,000,000,000,000 on November 6, 2014, and the part payment of KRW 12,000,000 on March 29, 2015.
However, the defendant is the land owner D.