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The prosecutor's appeal is dismissed.
Reasons
1. According to the evidence submitted by the prosecutor, the court below found the defendant not guilty of the charged facts of fraud, which affected the conclusion of the judgment, although it can be sufficiently recognized that the defendant had acquired property benefits by deceiving the victim.
2. Determination
A. A. Around May 2, 2012, the Defendant: (a) around May 2, 2012, the Defendant was engaged in restaurant business by leasing the leased deposit amount of KRW 200 million in the name of E in the name of his/her spouse, the 1st underground floor and the 1st floor located in Gangseo-gu Seoul Metropolitan Government D; (b) around August 1, 2012, he/she obtained a loan from one bank around KRW 30 million in the name of his/her spouse; (c) transferred the leased deposit claim for part of the 1st underground floor to the Seoul Credit Guarantee Foundation for the purpose of securing obligations to the Seoul Credit Guarantee Foundation; and (d) obtained the consent from the
After that, the Defendant entered into an exchange contract with the victim B on February 2, 2013 on the leased deposit amounting to KRW 200 million in total for the first floor and the first floor, which is the building of this case, and the purchase price for the F apartment. Accordingly, the Defendant entered into a new contract with F to enter into a new contract with F, but it would not cause any damage by making payment within 30 million won for the security loan for the lease deposit for the first floor.
“A false statement” was made.
However, at the time, the Defendant entered into a contract to exchange the purchase price of an apartment in F in the 200,000 won and the lease deposit amount of KRW 200,000,000,00,000 for personal debt at the time, and the Defendant did not have any intention or ability to repay the money borrowed as security for the lease of this case.
Nevertheless, the defendant deceivings the victim B as above, and let the victim B be in Gangseo-gu Seoul Metropolitan Government around February 18, 2013.