beta
Text
All appeals filed by the prosecutor against the Defendants are dismissed.
Reasons
1. According to the evidence submitted by the prosecutor, according to the summary of the grounds for appeal (misunderstanding the facts), the criminal intent of deceiving the Defendants can be recognized.
2. Determination
A. The lower court determined that the Defendants, despite having received money from the victims as a security deposit as stated in the facts charged, in full view of the following circumstances acknowledged by the evidence duly investigated and adopted by the lower court, there was a criminal intent to commit fraud against the Defendant solely based on the evidence submitted by the prosecutor.
The Defendants acquitted all the charges on the grounds that there is insufficient evidence to acknowledge it and there is no other evidence to acknowledge it.
① around December 2013, when the Defendants received deposits from victims I, F, and E, the market price of the instant land and buildings of the instant securities (hereinafter “instant securities”) was at least 4 billion won (the appraised value as of October 7, 201 is at least 4,01,479,140 won, and the appraised value as of April 24, 2015 was at least 7,503,123,600 won and the appraised value as of April 24, 2015 was at least 7,503,123,60 won and the victims’ ability to receive deposits from the victims from around 2011 to December 2015. In light of the net assets value of the instant securities held by the Defendants as security, the amount of debt secured by the instant securities was at least KRW 1.82,200,000,000,000,000,000 won and was at least KRW 21,000.
It is difficult to readily conclude.
② Although the lower court stated “Defendant A” as “Defendant A”, it is obvious that it is a clerical error in the name of Defendant A.
Around January 2015, around the time of receiving the security deposit from the victim M, the market price of the instant database was KRW 7.5 billion, and the secured debt amount secured by the instant database was approximately KRW 3.22 billion, and the secured debt amount was KRW 3.2 billion.