The accused shall dismiss an application for a compensation order filed by an order for compensation of innocence.

1. On March 2009, the Defendant made a false statement to the effect that “In this case, the Defendant purchased from the Defendant’s house located in Gyeonggi-si, Hongcheon-gun, Gyeonggi-do (hereinafter “instant land”) a 33,000 square meters of forest land (hereinafter “instant land”) at a very low price, and this land will be considerably different in the future. If the Defendant paid the purchase price of KRW 60,000,000 to the Defendant, the Defendant would transfer the name owned by the Defendant to the Defendant with respect to KRW 16,50,000 square meters of the instant land, which is a half of the said land.”

However, in fact, the instant land is owned by F. The Defendant agreed to purchase the said land at the price of KRW 200 million with G, which is the birth of F, and the Defendant agreed to purchase the said land at the early August 2007 by the Defendant and H, and concluded a sales contract with the Defendant to pay KRW 100 million by dividing the said land into KRW 100 million and KRW H, and on August 14, 2007, the Defendant paid KRW 60 million to the said G as the down payment and intermediate payment under the said sales contract and did not pay the remainder of KRW 40 million. As such, there was no intention or ability to transfer ownership corresponding to the half of the instant land to the victim.

Accordingly, on April 21, 2009, the Defendant, by deceiving the victim as above, received KRW 60 million in the name of the Defendant’s agricultural bank account (Account Number: I) in the name of the Defendant from the victim (hereinafter “the instant money”).

2. Determination

A. The gist of the Defendant’s counterclaim borrowed the instant money from the victim in order to raise the cost of land development in another land owned by the Defendant (J of Hongcheon-gun, Gangwon-do).

After that, the Defendant prepared a sales contract (Evidence No. 12 pages of the Evidence No. 12) that promises the transfer of ownership in relation to half of the land of this case to be acquired by the Defendant in the future in receipt of a demand for the provision of security from the victim.

However, the F, a seller of the land of this case, has entered into a special agreement such as the construction of roads under the sale contract.