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The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
. Since then, construction of J Building has started, but it has been discontinued upon completion of the base destruction works;
C) On October 22, 2010, the Defendant, at around 100 million won loan (1) requested on October 21, 2010, to lend KRW 100 million to the victim. On October 21, 2010, the Defendant prepared a loan certificate stating, “The KRW KRW 100 million, the due date: the interest: KRW 100 million: the due date: the due date: 7% per annum; the due date: the due date for payment of interest; and the due date for payment of the borrowed principal when the principal is unable to be repaid by the due date (hereinafter “self-loan certificate of October 21, 201”), and received KRW 100 million from the damaged party on October 22, 2010.
(2) On November 25, 2010, the Defendant established a right to collateral security of the maximum amount of KRW 247 million against J land and borrowed a loan from the N Saemaul Treasury.
(3) Around that time, the Defendant prepared a written repayment plan (No. 74 page of the evidence record) with respect to the borrowed money and interest on the part of the victim, and paid the victim interest by the end of May of the following: “* KRW 70 million, ② KRW 100 million, starting the commencement of the construction after the relocation of Young-gu tenants (the beginning of December), ② KRW 200,000,000,000,000 at the end of December after S leased, ③ KRW 300,000,000,000,000,000,000 won
5. The statement stated “the repayment of December 31, 200” (the above document appears to have been made around 2010, which was the time when the commencement of the construction of the J building was not commenced, as the agreement between the tenant and the tenant residing in the existing building that had been constructed before the Defendant purchased the land was completed, and it is apparent that the term “the beginning of December, 2010,” which was entered as the initial term for the payment of the said document, refers to the beginning of December 2, 2010. Accordingly, the above document was made before December 30, 2011, and the ownership registration was completed on February 10, 201, and the Defendant and T were completed on February 10, 2011.
On the other hand, the F building was originally scheduled.