On July 7, 2018, the Defendant leased KRW 200 million to the victim D, “The F2,077 square meters of land in E sold in the regular Eup/Myeon, to build a food processing factory at that place. The land price is KRW 4.1 million, which is 4.1 million, and the ownership can be transferred if deposit is made only 40%. In this regard, the Defendant set up a collateral security in the first priority order in the land to be sold, set up a collateral security right in H, I land and building owned by the G farming association corporation as its representative, and repaid KRW 40 million until March 19, 2019.

“.......”

However, in fact, land in E sold in the regular Eup/Myeon is impossible to transfer ownership before full payment of the purchase price is made, and it is impossible to establish the right to collateral without prior consent of the regular Eup/Myeon. Thus, even if the defendant received KRW 200 million from the injured party, even if he received KRW 200 million, he did not have the intent or ability to establish the right to collateral security, and the above land and buildings owned by G farming association corporations had several right to collateral security and provisional seizure, and the defendant was unable to repay his obligation. Therefore, even if the defendant received KRW 200 million from the injured party, he did not have the intention or ability to pay KRW 400

Nevertheless, on July 20, 2018, the Defendant received from the injured party the remittance of KRW 197,313,000 from the J account (K) in the name of the G Agricultural Partnership on three occasions.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. A protocol concerning the examination of the suspect of the defendant (including part concerning three times, D, or L);

1. Statement made by the police against D;

1. Written appeals and statements of M, N,O, P, L, and Q;

1. Investigation report (verification of the statement of a person responsible for attracting investment in a regular Eup) and investigation report (Attachment of a sales contract concluded between A and a regular Eup on March 8, 2017) and E (sale contract) agreement;

1. A copy of a process deed, a copy of land registry in a regular and Eup/Myeon; and