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The judgment below
Of them, the part on fraud is reversed.
A defendant shall be punished by imprisonment for one year.
except that this judgment.
Reasons
1. Summary of grounds for appeal;
A. Regarding fraud: The defendant, even though he had already sold Pyeongtaek-si E Commercial Building 109 (hereinafter "109 store") to I, the act of entering into a sales contract with the victim G with the 109 shop and receiving the full payment of the purchase price constitutes "the act of networking." Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous in misunderstanding of facts or misunderstanding of legal principles on the ground that the act of deception does not constitute deception. B. As to the act of breach of trust between the defendant and J, the execution contract on June 22, 2006, which was entered into between the defendant and J, was not related to the sales contract on May 3, 2006, Busan-gu 208 (hereinafter "208 store"), and thus, even if the above execution contract was concluded, the sales contract on the 208 store was not cancelled, the court below did not err in the misapprehension of legal principles as to "the status of the victim" or "the act of mistake as to the victim."
2. Determination on fraud
A. The Defendant, as the representative director of Pyeongtaek-si E Commercial Building (hereinafter “instant commercial building”), was in charge of the sales of 122 commercial buildings in the said building while implementing the new construction of the said commercial building as the Defendant of this part of the facts charged.
On December 24, 2004, the Defendant sold 109 units of the commercial building of this case to the victim KRW 316,457,00,00 through the agent H of the victim G (hereinafter “victim”) at the office of the above corporation office located in Yongsi-si around December 24, 2004, KRW 130,1370,00 in total, KRW 107,108,109, and KRW 1666.4 units of the commercial building of this case, which was concluded with the victim, were sold to the victim. The Defendant terminated 28 units of the commercial building of this case including KRW 106,00,000, KRW 131,1340,000.