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All the judgment below is reversed.
Defendant
A shall be punished by imprisonment of one year and three months, and by imprisonment of one year and six months.
Reasons
1. Summary of grounds for appeal;
A. (1) Defendants (1) did not have a duty to inform the F of the fact-finding that they have the obligation to lend the loan under the name of F, and the Defendants did not incur losses since the sales contract was cancelled by mutual agreement with F before the date of designation of occupancy and the Defendants decided to re-purchase.
Therefore, the Defendants did not deceiving F and did not have the intention to acquire the purchase price by fraud.
(2) The lower court’s sentence of unreasonable sentencing is too unreasonable.
B. Prosecutor: The Defendants borrowed money from G even if they borrowed money from the Defendants, without any intention or ability to repay.
2. In the transactional relation of the Defendants’ assertion of mistake of facts, where it is evident in light of the empirical rule that one party to a transaction with respect to the property right may cause a risk of not securing any right to the subject matter of the future contract by failing to notify the other party of any matters related to such transaction, and without notifying the other party of the fact, he received any property or property benefits from the other party by entering into the transactional relation without notifying the other party, and where it is obvious that the other party would not have entered into the transactional relation if he had received the notification
It constitutes a crime of fraud by deceiving the other party by disregarding the fact that the addressee of the property does not notify the other party of his/her failure to notify it.
(Supreme Court Decision 98Do231 delivered on April 14, 1998). Comprehensively taking account of the evidence duly adopted and examined by the court below, H operated by the Defendants was financed by Nonghyup on November 20, 2007 by more than 420 million won, and purchased the shares in the project site in the name of I, and trust the shares in the Korean Asset Trust, while trusting the shares in the name of I, Hyundai Construction, and Korean Asset Trust.