Text
The judgment below
Part 1 to 4 of the judgment (including the part of innocence, excluding the part of compensation order).
Reasons
1. Summary of grounds for appeal;
가. 피고인 ⑴ 사실오인 ㈎ 피해자 T 부분 E이 애당초 이 사건 아파트 501호를 공급받기로 한 것은 사실이다.
However, there was no problem for Te to acquire the instant apartment house 501 due to the relationship between E and E to be modified and supplied with the instant apartment house 602 around the time the Defendant received KRW 150 million from Te, and therefore there was no intention to commit fraud at the time of the acquisition.
㈏ 피해자 V 부분 ① 이 사건 아파트 603호 부분 (6,300만원 부분) 피고인이 당시 V으로부터 돈을 차용한 것은 맞다.
However, this was borrowed as the construction cost of the X-type reconstruction association rather than the re-building cost of the re-building project, and the debt relating to the "X-type reconstruction association" was settled later between the defendant and V, and it was subsequently offered as security at the request of V, not at the time of borrowing the apartment of this case 603.
② The Defendant borrowed money from V at the time of the instant apartment No. 103 (49.4 million won).
However, this was borrowed for the purpose of the construction cost or the construction cost of the X-type reconstruction association or W-type reconstruction association, not for the re-building cost of the re-building project, which was later settled between the Defendant and V, and the instant apartment building 103 was also offered as security at the request of V, not for the time of borrowing. Therefore, there was no intention to commit fraud at the time of acquisition.
③ This portion of 400 million won is the money that V directly lent to RR-type Housing Reconstruction and Improvement Project Association (hereinafter referred to as the “instant association”) with completion money regardless of the defendant or stock company N (hereinafter referred to as “N”), and the defendant merely caused joint and several sureties. Since the leased money was repaid, there was no intention to commit fraud at the time of deception.
㈐ 피해자 D 부분 D은 당시 이 사건 아파트...