beta
Text
The prosecutor's appeal is dismissed.
Reasons
1. According to the evidence submitted by the Prosecutor, the court below acquitted the Defendant of the facts charged in this case on the ground that it is difficult to deem that the Defendant was guilty of the facts charged in this case, although the court below found the Defendant guilty, which affected the conclusion of the judgment by misunderstanding the facts.
2. Determination
A. The summary of the facts charged is that the Defendant: (a) from around 2003, F, a corporation with E’s representative, takes effect; (b) as the site manager of H apartment construction works when G permanently performs; and (c) was in charge of construction works.
On August 20, 2004, the Defendant had difficulties in raising funds, such as the F Company’s default on August 20, 2004, and the decision of voluntary decision of commencement of the auction on the H apartment site was rendered on January 3, 2005, and the construction was suspended, and failure to recover the construction cost of H apartment already implemented by the F Company.
On November 28, 2005, the Defendant concluded a sales contract for the H apartment site and building site and building with H apartment site and the household unit to be sold to 12 billion won in 12 billion won, and 500 million won out of the purchase price shall be 1.8 billion won in the land auction price and 500 million won in the purchase price, but the ownership shall be transferred so that H apartment site and building may be offered as collateral and a loan from a financial institution, and the remainder of 9.4 billion won shall be allowed to sell apartment units and pay the amount of apartment units as substitute goods at the L law office located in K at the permanent residence of the same month. On the same day, the Defendant concluded a sales contract for H apartment site and building with the victims as “F and M Co., Ltd.,” and received a cashier’s checks in the face value of 300 million won in the purchase price on the same day.
However, the facts are that the defendant is delegated by E to sell and purchase the H apartment site and building, and the victims are the ownership of the H apartment site and building.