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The prosecutor's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
The Defendant did not notify the victim D of the impossibility of the special sale of each of the instant land. Since the Defendant’s obligation of KRW 30 million to the victim P was not included in the payment payment agreement between the Defendant and the victim, it should be deemed that the Defendant obtained it by fraud, the lower court acquitted each of the instant charges, which erred by misapprehending the legal principles and misapprehending the legal principles.
Indictment
A. A. Around May 15, 2007, the Defendant against the victim D made a false statement to the victim D on May 15, 2007, that “Ashe may live in the Republic of Korea more than the market value of francing, on the ground that the Defendant would sell the Plaintiff’s land from G operated by F in Sinpo-si, Sinpo-si, Sinpo-si, Hapo-Gun, Haan-Gun, Haan-Gun, Haan-Gun, and Haan-Gun, Mapo-Gun, Mapo-Gun.”
However, the above land was a land where it is impossible to sell special cases as the land illegally sold state property by forging L-related documents, etc., and the Defendant did not have any intention or ability to accept the registration of ownership transfer even if he received the payment from the victim even if he did not receive the payment of the purchase price from the victim since 2004 when the Defendant entered into a sales contract with M.
The Defendant, as above, by deceiving the victim, received KRW 100 million as a check from the victim through F around May 15, 2007, as the down payment.
B. Around June 20, 2007, the Defendant against the victim D, at the same place as the Defendant’s early June 20, 2007 paragraph (1) of this Article, told the victim D to the effect that “it is good land for the care center site in New Military N.S.. A person who knows within the Republic of Korea intends to sell the land located in the new Gun (hereinafter “O land in this case”) in the previous Gun (hereinafter “the instant land”). Furthermore, if the purchase price is paid to the Defendant, the Defendant would purchase the said land and transfer ownership to the Party.”
(b).