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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (misunderstanding of the facts and misapprehension of the legal principles) is that the Defendant lent the victim F with KRW 570 million and received the instant real estate as a substitute repayment, and that the Defendant would sell the instant real estate to the victim and then offer KRW 200 million after selling it to the victim.
Since there was no deception, the court below erred by misunderstanding the facts.
2. Determination
A. In full view of the following circumstances revealed by the evidence duly adopted and examined by the lower court and the lower court, it is difficult to accept the Defendant’s assertion that the Defendant acquired the instant real estate from the injured party under the pretext of real reimbursement.
1) ① The Defendant loaned KRW 570 million to the victim from the time of the initial police investigation.
In assertion, the court did not make any statement about the loan certificate and the loan agreement (Evidence No. 67 of the evidence No. 7) at any time on several occasions about the loan amount of KRW 70 million, which is not included in the loan certificate and the loan agreement. At the time of the prosecutor's investigation, the court stated that "after lending KRW 60 million in 2004,000,000 to KRW 30 million, it did not make any statement about the lease date; ② when the ownership transfer registration is made in the name of J on the real estate of this case, the court below issued a notice to the effect that on April 18, 2012, the defendant or the injured person should submit the basis for the loan amount of KRW 50 million to the victim, and sent all the above loan certificate and loan agreement equivalent to the loan amount of KRW 500,000,000 to KRW 30,000,000.
4. The records are written on April 20 ( April 20, 1995, April 20, 200, April 20, 200, April 200, and April 20, 2004) and the change of the victim's seal was made as of March 10, 204. ③ The Defendant transferred the instant real estate under the name of J, and the obligation relationship with the victim was liquidated.