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The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
1. The summary of the grounds for appeal is as follows: (a) the Defendant: (b) deleted the right to collateral security established on the instant apartment, as described in paragraph 2-B; and (b) was informed of the scheduled auction process to the victim, despite having no intention or ability to transfer the ownership of the instant apartment; (b) by deceiving the victim; and (c) was issued KRW 15 million in total as the purchase price.
2. Determination
A. We examine ex officio prior to the judgment on the grounds for appeal by the ex officio judgment.
In the trial of the prosecutor, the prosecutor applied for amendments to the indictment of this case as follows. This court's permission changed the subject of the trial, so the judgment of the court below cannot be maintained any more.
The Prosecutor’s assertion of misunderstanding the facts is still subject to the judgment of this Court, even if there is a ground for ex officio reversal.
The paragraph will be examined.
B. The revised charges against the Defendant concluded a sales contract with regard to the purchase price of KRW 250 million on January 27, 2014 with regard to F apartment units 116 and 302 at the D Authorized Broker's Office located in Won-si, Won-si, the Defendant owned by the Victim E and the Defendant [as of the date of the contract, ① the creditors' agricultural cooperative (hereinafter referred to as "original Agricultural Cooperatives"), the maximum amount of KRW 27.6 million (hereinafter referred to as "original Agricultural Cooperatives"), the right to collateral security of KRW 50 million for creditors G, the maximum amount of claims, ② the right to collateral security of KRW 50 million for creditors, G, and the maximum amount of claims; hereinafter referred to as "multi-unit housing of this case] and entered into the sales contract with the victim at KRW 250 million (the down payment 25 million on the date of the contract, the remaining amount of KRW 225 million on February 28, 2014 shall be paid to the victim, and each of the following reasons shall be notified.