[2016 Height 3320] The Defendant is an owner of a 594m2 and a 646m2m2 before D in Kimhae-si.

On December 17, 2014, the Defendant: (a) concluded a sale contract with the victim G, the buyer, and the land in the said two parcels of land as KRW 238 million (payment on the day), KRW 40 million (payment on the day), KRW 198 million (payment on May 31, 2015), and the remainder amount of KRW 198 million (payment on May 31, 2015) at the F Authorized Brokerage Office located in Kimhae-si; (b) concluded that the Defendant, the seller as a special contract, terminated the provisional attachment (48 million won on the said real estate) and collateral security (creditor H and claim amount) before the payment date of the remainder; and (c) agreed to complete the construction of divided land and housing by June 30, 2015. < Amended by Act No. 13373, Jun. 30, 2015>

However, in fact, the Defendant had to pay the debt amounting to KRW 500-600 million per month as interest, but did not pay interest between seven to eight months, and there were no particular incomes. As such, even if the sales contract was concluded, there was no intention or ability to prepare construction cost for change of form and quality, civil engineering works, etc., or to terminate provisional attachment and collateral security established on the said real estate.

However, the Defendant: (a) by deceiving the victim as above; (b) received KRW 36 million from the victim as the down payment from the victim; (c) transferred KRW 4 million to the new bank account (number I) in the name of the Defendant on December 19, 2014; and (d) transferred KRW 6 million to the said new bank account on May 22, 2015 under the name of the remainder.

[2017 Highest 538] The Defendant is an owner of 714 square meters prior to D Kimhae-si.

On September 25, 2013, the Defendant, at a special rubber office located in the upper Dong-dong, Kimhae-si, Kimhae-si, around September 25, 2013, concluded a sales contract of KRW 100,000,000 for purchase price, KRW 40,000,000 for the said land, and KRW 60,000,000,000,000,000. The Defendant, a seller as a special terms and conditions, established on the said real estate prior to the payment date of the remainder.