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The judgment below
The part against Defendant A is reversed, and that part of the case is remanded to the Seoul High Court.
Reasons
The grounds of appeal are examined.
1. As to Defendant A’s ground of appeal
A. (1) As to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), the amount of profit as referred to in Article 3 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes refers to the sum of the amount of profit or the amount of profit if a single crime is constituted, and it does not mean the sum of the amount of profit if each crime can be punished as concurrent crimes (see, e.g., Supreme Court Decision 2000Do28, Mar. 24, 2000). In a case where multiple victims of deception by deception are committed against each other, even if the crime is a single and the method of crime is identical, the damage legal interest of each victim is independent, so it cannot be understood as a single crime, and a separate crime of fraud is established for each victim (see, e.g., Supreme Court Decision 93Do743, Jun. 22, 193). However, in a case where the victims are deemed to have the same legal interest as that of a single company, it can be considered as a single crime of fraud.
(see, e.g., Supreme Court Decision 2011Do769, Apr. 14, 2011). In a case where a number of frauds is established by taking property profits from a large number of victims through one deceptions, several frauds are established for each victim, and between them, the relationship of commercial concurrences should be deemed to exist.
(2) In full view of the evidence as indicated in the lower judgment, the lower court determined that (i) the victim’s share of 1/3 of the 10,860 square meters of PP forest and 10,860 square meters of QP forest and 972 square meters (hereinafter “R real estate”); (ii) the victims entered into a sales contract on real estate with the Defendant A on August 2, 201; and (iii) entered into a sales contract on real estate with the said real estate on September 5, 201 according to the terms and conditions of the sales contract; and (iv) recognized the fact that the mortgage contract on the said real estate was concluded with AA on September 5, 201.