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The judgment of the court below is reversed.
The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. The sentence imposed by the court below (eight months) is too unreasonable in light of the fact that the defendant did not have a conclusive intention or that the defendant agreed smoothly with the victim, etc.
2. We examine the defendant's reasons for appeal ex officio prior to judgment.
A. (1) The summary of the facts charged in this case is as follows: (i) the Defendant, a person running D Co., Ltd. for hotel accommodation business and facility business for tourist use in Gangnam-gu Seoul, on January 26, 2014, as a person operating D Co., Ltd. in Gangnam-gu, Seoul, to sell out at least three floors of G hotel building in Busan, which is located in Busan, the Busan, the Busan, the Busan, the Busan, the Busan, the Doz., the sales agent known through the Doz., to the victim E, “The sales agent shall sell at least three floors of G hotel building in the G hotel building in the Busan, the ownership of D Co., Ltd., the sales price shall be deducted from
“The phrase “ was false.”
However, in fact, the above G hotel of the D owner of the Defendant’s operation was registered in trust with the Asia Trust Co., Ltd. on June 27, 2012, and was unable to repay D’s debts up to 16.9 billion won, and the public auction from November 29, 2012 is underway, and there is little probability that the public auction will be resolved, and it has already been lent 100 million won under the pretext of giving H’s right to sell a G hotel to another sales agent around November 22, 2013. Thus, even if the victim received a sales deposit, the victim did not have the intent or ability to grant the right to sell the above G hotel’s sales agent, or return the sales deposit.
Nevertheless, the Defendant: (a) by deceiving the victim; and (b) transferred KRW 20 million from the victim to the account in the name of the Defendant D Co., Ltd. on January 27, 2014; (c) KRW 10 million on March 25, 2014; and (d) KRW 30 million on June 30, 2014 to transfer KRW 60 million to the Defendant D Co., Ltd.
on September 2, 2014, the Defendant continued to grant the right to sell in lots to B by the J in the vicinity of Gangseo-gu Seoul Metropolitan Government I Station on September 2, 2014.