A. Since the Defendant, after entering into the instant contract for the transfer and takeover of claims, agreed to invalidate the agreement with the victims on the transfer and takeover of claims, the lower court erred by misapprehending the legal doctrine on the premise of the validity of the said contract.

B. The lower court’s sentence of unreasonable sentencing (two years of suspended sentence in August) is too unreasonable.

2. Determination

A. (1) The lower court determined that: (a) comprehensively based on the evidence duly admitted and examined, the statement of promise (Evidence No. 88 pages) prepared by the Defendant and the victims, the creditor, regarding the same claim after the instant contract for the transfer of claims was insufficient for the victims to repay their claims; and (b) instead of being given notice of the transfer of claims to the Special Construction Company for the purpose of receiving additional collateral (General Facilities in Consideration of the Stock Company) in order to obtain the victims’ claims; and (c) instead of being given the notice of the transfer of claims to the Special Construction Company for the Defendant to continue the construction, the lower court did not conclude that the victims agreed to invalidate the said contract for the transfer of claims.

In light of the following facts acknowledged by the evidence duly adopted and examined by the court below in light of the circumstances as stated in the court below’s reasoning, the court below’s above determination that the Defendant and the victims cannot be deemed to have agreed to invalidate the claim transfer and takeover contract of this case is justifiable.

On October 31, 2012, the Defendant entered into a claim transfer contract (Evidence No. 16 to 18 pages) that transfers to the victims the claim for construction cost equivalent to KRW 875,000,000 against the Sejong Comprehensive Construction Co., Ltd., Ltd., the Defendant operated by the Defendant.

The F and the victims are on November 1, 2012 following the date when the credit transfer contract was concluded.