Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

A. The Defendant: (a) purchased the land in Ansan-si C and D (hereinafter “instant land”) and paid KRW 74,150,000,000,000,000,000,000 from AA and the money borrowed from AA, including KRW 1,30,000,00,000, which had already been paid to E; and (b) purchased the instant land, and (c) executed construction by raising the cost of construction of the primary apartment complex.

Although the PF and the loan for the main apartment of this case did not result in the result, the construction was suspended at the wind where the loan is no longer made even though the defendant made efforts for the sexuality of the loan.

F and A knew the fact that the instant land should be loaned as collateral and paid the purchase price with the loan, and that the Defendant was a bad credit holder.

The defendant did not deceiving F and AA and did not have any intention to commit fraud.

Nevertheless, the court below convicted the defendant of this part of the facts charged on the ground of F and AA's statement without credibility by reconcing from time to time the statement about the name and the reason for payment of the amount paid to the defendant, the relationship with the defendant (trade relation, etc.). The court below erred in the misunderstanding of facts.

B. The defendant does not have an assaulted victim F.

The judgment of the court below that found this part of the facts charged guilty is erroneous in misconception of facts.

2. Determination

A. On June 2010, the summary of the facts charged in the judgment on fraud 1: (a) the Defendant had the intent to newly build a primary complex apartment by inserting the construction cost of approximately KRW 5.4 billion on the land of Ansan-si C and D; (b) around June 17, 2010, he purchased the instant land from E for KRW 83 billion from June 17, 2010; and (c) the down payment of KRW 50 million on the contract date, intermediate payment of KRW 250 million on July 27, 2010; and (d) paid KRW 530 million on August 17, 2010.

After June 17, 2010, the Defendant paid down payment of KRW 50 million to E, and July 1, 2010.