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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. As to Defendant 1’s fraud against the victim H, the Defendant first purchased F land from C at the time of sowing, and then purchased D land, which is neighboring land, with the purchase of KRW 538 million, to pay the down payment as KRW 400 million and the balance in KRW 138 million. At the time of borrowing from the victim H, the Defendant explained it to H. at the time of borrowing from the Defendant. He explained it to K’s office on November 16, 2010, H also brought about KRW 170 million including the check of KRW 138 million at the face value equivalent to the purchase balance, and the said certified judicial scrivener’s office remitted KRW 138 million to C, which was sold the said land to the Defendant.
In full view of such facts, H was aware that at the time of lending money to the Defendant, the Defendant was paying the balance of the purchase price to C, a seller of the said land.
However, the judgment of the court below which recognized the fact that the defendant deceivings H as the name of development charges based on H's false statement is erroneous in the misapprehension of the fact that affected the judgment.
B) As to the fraud against the victim L, the Defendant and L entered into a contract for construction of loan on F land. The content of L prior to the commencement of construction was leased to the Defendant, and the Defendant had to pay L a loan of KRW 50 million and construction cost of KRW 150 million to L after 45 days prior to the commencement of construction. However, since L did not unilaterally commence construction, the said contract was terminated due to the termination of the said contract.
On the other hand, at the time of the above borrowing, the Defendant actually owned the F land, and when selling the land through the construction of the loan, L was able to repay KRW 50 million to L. In the event that it is impossible to do so, the F land was transferred to transfer its ownership. However, it is difficult to repay the F land inevitably due to economic situation such as decline in the value of the house.