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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. 1) In relation to the victim, a person who suffers property damage due to the act, such as the act entered in the criminal facts in the judgment of the court below, is not D, but N.
2) With respect to the amount of damage, L, a sales agent of D, used 160 million won out of 160 million won as its account and used 30 million won in its account. The amount of damage is KRW 130 million.
B. Since it is impossible to readily conclude that a person who suffered unfair property damage was unable to make efforts to recover damage, it is difficult for the court below to render a sentence of one year imprisonment with prison labor and two years suspended execution against the defendant on the grounds of “the fact that the court below is obviously a victim of the instant crime even though it is clear that he/she was the victim of the instant crime.”
2. Determination
A. On October 201, 201, the Defendant: (a) purchased seven-story buildings located in Osan City, G, and changed the purpose of use to an urban-type residential housing (hereinafter “instant building”); (b) sold 105 households to D with remodeling construction; and (c) sold D the instant dispute items to D with four households (605, 608, 601, 611, hereinafter “the instant dispute items”) from among them at least KRW 460 million per household; and (d) transferred ownership in the name of D or designated by D until February 15, 2012.
A proposal to the effect that “the payment of KRW 160 million is made” was made.
B) On October 17, 201, according to the Defendant’s proposal, D paid the above amount to the Defendant on October 17, 201, and received a certificate of borrowed money from the Defendant as follows.
Pursuant to the above agreement, the Defendant received money of KRW 160 million from the national bank account in the name of the representative director of F Co., Ltd. (hereinafter “the instant loan”). The amount borrowed from the instrument is determined as follows: (a) the amount borrowed from the instrument: