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The prosecutor's appeal is dismissed.
Reasons
1. Although the court below found the Defendant guilty of the facts charged in this case, it erred by misapprehending the legal principles or by misapprehending the legal principles, which affected the conclusion of the judgment, in light of the following: (a) it is against the empirical rule to allow the Defendant to make a registration of transfer of ownership without any security in the absence of security payment; (b) the victim’s statement is consistent; and (c) there is a consistent stipulation on the establishment of a collateral security agreement.
2. Determination
A. The summary of the facts charged in the instant case is to purchase the victim F land of three parcels of G, H, and I in total (hereinafter “instant land”) at the E judicial scrivener office located in Samyang-si around September 16, 2013 at KRW 393,386,120.
In order to pay the down payment, the registration of ownership transfer was first made to the Telecommunications, “The establishment of the right to collateral security and the payment of the intermediate payment and the balance will be made to the Party.”
However, even if the land is sold and the ownership is transferred, there is no intention or ability to pay the intermediate payment and the balance to the victim or to establish the right to collateral security.
The Defendant, by deceiving the victim, received documents necessary for the registration of transfer of ownership of the instant land from the injured party on the same day, and obtained the above land from the injured party on September 17, 2013 without paying the intermediate payment and the balance 313,386,120 won to the injured party, even after completing the registration of transfer of ownership under the name of the JJ on September 17, 2013.
B. In full view of the circumstances acknowledged by the evidence duly adopted and examined by the lower court, the lower court determined that the Defendant revealed the Defendant’s financial situation of the Defendant to the seller, and Q Q on behalf of the seller, without hiding the Defendant’s financial situation, and on the instant land between the Defendant, the victim, and Q.