All appeals filed by the defendant and prosecutor are dismissed.

Summary of Grounds for Appeal

The period of preparation of the standard contract for construction works (amended on March 28, 2007) (hereinafter “the contract for the alteration”) on March 28, 2007: The E Co., Ltd. (hereinafter “Defendant Co., Ltd.”) operated by the Defendant and the reconstruction association of this case acquired the remainder of 10 households except for the portion of the members sold by the Defendant Co., Ltd. by newly constructing the reconstruction apartment and the reconstruction association of this case, and the amount borrowed for the construction work shall be repaid by the Defendant Co., Ltd.: Provided, That members shall pay only the contributions, the relocation expenses used, and the expenses incurred.

“Around July 2007, the Defendant concluded a reconstruction contract to the effect that the term “the initial contract for private construction works” (hereinafter “the instant contract”) was prepared on March 27, 2007. However, following the conclusion of the contract, the Defendant seized some of the money to be used as the down payment (280 million won). In light of the location of the apartment to be received as a substitute, it was difficult to dispose of the terms and conditions of the contract. Furthermore, around July 2007, it appears that the provisional attachment and the progress of the construction were difficult due to the provisional attachment on the apartment site. However, the Defendant proposed that I, the representative of the association, had to change the terms and conditions of the contract, and proposed that I would continue to perform the construction works. Around April 16, 2007 and June 22, 2007, the Defendant changed the structure and size of the apartment house to be sold to the members of the association, and changed the amount of the charge to be sold to the members of the association.”

(2)"Preparation Process": the above contract is a contract which modifies this part in order to clarify the ownership relationship by housing units of the members.