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The prosecutor's appeal is dismissed.
Reasons
1. Comprehensively taking account of the evidence submitted by the Prosecutor as to the gist of the grounds for appeal, the fact that the Defendant, as stated in the facts charged in the instant case, by deceiving the victim E, R and U, thereby gaining pecuniary advantage equivalent to KRW 180 million in total.
However, the court below acquitted the charged facts of this case on the ground that there is no proof of crime.
Therefore, the court below erred by misapprehending the facts or by misapprehending the legal principles, thereby affecting the conclusion of judgment.
2. Determination
A. (i) The Defendant, as a constructor, was in charge of the fraud of the instant facts charged. Around July 2007, the Defendant purchased land from H, 16, and I, and J land (hereinafter “I and J land”) on the ground, and carried out the business of constructing and selling row housing on the ground (hereinafter “a project for constructing a new house”) by purchasing the land from H, E, and I, and J land (hereinafter “a project for constructing a new house”).
The above H and 16 parcels and land No. 1 were promoted by a separate contract. The Defendant, with the introduction of K, intended to raise additional funds from E that invested KRW 100 million in the above H and 16 plot of land as an investment in the land No. 1, but he was aware that E does not turn on from K, and he was willing to directly talk or persuade E.
On November 2007, the Defendant issued a building permit by purchasing K and E at the “M” coffee shop located on the second floor of the building located on the second floor of Suwon-si L Center in Suwon-si, Suwon-si, and “E” to E. When investing KRW 100 million with construction funds, he/she would sell a tenement house after six months and return KRW 150 million including proceeds from selling in lots, and return KRW 50 million. As security, the Defendant said that the amount exceeds 50% of the shares of the G LAD, which is an executor, and there is no need to know about whether to become the representative director, etc.”
However, the defendant should pay the balance of KRW 136 million to N, the owner of the first land.