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The judgment of the court below and the judgment of the court below are all reversed.
Defendant
N is a fraud against the victim BJ.
Reasons
1. Summary of grounds for appeal;
A. Defendant A1) misunderstanding of facts or misunderstanding of legal principles regarding victim E, the Defendant actually invested KRW 7 billion in Co., Ltd., and purchased from CF the land located in F in the original city (hereinafter “instant land”) from CF, and then sold the land to CG for KRW 12 billion and received the down payment and the intermediate payment.
However, since the investment and sale procedure are no longer followed due to the change of circumstances, it is merely impossible to return the borrowed money to the victim, not the original intention and ability to repay.
In particular, in the case of KRW 30 million paid by the victim as of May 8, 2012 by the victim, the defendant would be entitled to pay KRW 30 million to AE, N, and AM that the defendant would issue a payment guarantee certificate.
Therefore, it is not possible to recognize the criminal intent of defraudation by the accused.
B) The Defendant was only at the end of N, AJ, etc. that the Defendant would issue a payment guarantee certificate for the victim L, and did not call that the Defendant would issue a payment guarantee certificate for the Defendant’s real estate as security and directly obtain a payment guarantee for the Defendant, and all of the tasks related to the issuance of a payment guarantee certificate and the payment of fees at the time was dealt with by I.C.) At the time, the Defendant did not know that the Defendant would issue a payment guarantee certificate for the victim N, AJ andO, and that it was forged by a payment guarantee certificate for the Defendant’s fraud against the victim B, including W, AJ and AJ, etc. that the Defendant would issue a payment guarantee certificate for the Defendant by deceiving the Defendant, thereby deceiving the Defendant to issue a payment guarantee certificate for the Defendant, and thus, it was true that: (d) the Defendant did not know that it was forged by a payment guarantee certificate for the Defendant from the Defendant.