1. The part against the defendant in the judgment of the court of first instance, which exceeds the amount ordered to be paid next to the following.

Basic Facts

D was sentenced to three years of imprisonment on December 14, 2016 due to the following criminal facts (Seoul Central District Court 2016Ma4292), and the appeal and appeal were all dismissed.

D around May 27, 2014, when entering into a sales contract with respect to the amount of KRW 5,00,000,000 for the purchase price for G and I forest land 74,600 square meters (hereinafter “the instant forest”) owned by G and G in Gwangju-si, Gyeonggi-do (hereinafter “the instant forest”), D paid the down payment of KRW 300,000 for the same day, the first intermediate payment of KRW 1,700,000 for the first intermediate payment of KRW 1,70,000 for the said day, July 25, 2014; and the remainder and remainder of the intermediate payment and remainder in installments on September 26, 2014 and December 19, 2014.

D Around July 26, 2014, the Plaintiff purchased the instant forest at KRW 400,000 per square day. The writers would sell the price of KRW 400,000 per square day purchased because they did not have money. The author would sell the forest as it is, within two to three months upon application for permission for a development project. The first intermediate payment and down payment for the said forest was already paid.

However, at the time, D did not have the intent or ability to purchase the forest of this case, and only 300,000,000 won of the down payment was paid out of the purchase price, but the first intermediate payment of KRW 1,70,000,000 was not paid yet, and even if the Plaintiff received the money from the Plaintiff as the sale price for the 500 square meters out of the forest of this case, it did not have the intent or ability to register the division of the above 500 square meters with the Plaintiff, and the said money was thought to be used for personal purposes without using it as the purchase fund of the forest of this case.

Nevertheless, D was transferred from the Plaintiff the sum of KRW 125,00,000,000 on August 5, 2014 under the pretext of intermediate payment, and KRW 125,00,000 on August 29, 2014 under the pretext of intermediate payment, out of the sale price for 500 square meters among the forest of this case.

Accordingly, the plaintiff was delivered property by deceiving the plaintiff.

D and the Plaintiff, around August 7, 2014, enter the following details in relation to selling part of the forest land of this case purchased by D from G to the Plaintiff.