All appeals filed by the defendant and prosecutor are dismissed.

Summary of Grounds for Appeal

Defendant

As to the crime described in paragraph (1) of the decision of the court below, the defendant received a proposal from the victim that he would make the registration of ownership transfer in the name of E Co., Ltd. (hereinafter referred to as “E”) and the registration of ownership transfer in the name of Q Co., Ltd. (hereinafter referred to as “ Q”) in the name of the executor company with respect to the 40 apartment units located in Hongcheon-gun, Hongcheon-gun, Seoul (hereinafter referred to as “the apartment unit of this case”), and would make the loans to the bank as soon as the construction of the apartment unit of this case is completed, and he would accept it even before the completion of the apartment unit of this case. The defendant borrowed the money from the victim for each registration cost of this case, and used it for the purpose of use, and did not mislead the victim that he would use it for the completion

With respect to the crime described in paragraph (2) of the judgment below, if only the above loan on the apartment of this case occurred, the defendant borrowed money under the name of the completion fund for the private house or building newly built on the ground of Gangseo-gu Seoul Special Metropolitan City (hereinafter “the private house of this case”), such as the market price of the apartment of this case reaches 5.4 billion won, which is owned by E, with respect to the apartment of this case, the defendant had the intent and ability to repay it. However, the victim, rather than by deceiving the defendant in relation to the loan of the financial right with the apartment of this case as security, was unable to repay the above loan.

In addition, when borrowing the above money from the victim, the defendant sufficiently explained the economic situation of himself and E to the victim, and used the above borrowed money with the consent of the victim.

Therefore, in relation to the borrowing of the letter of apology or the completion money of this case, there is no intention to commit fraud by the defendant, and there is no fact that the defendant deceivings the victim.

The sentence (one year and six months of imprisonment, two years of suspended execution) imposed by the public prosecutor by the court below is too unhutiled and unfair.

Judgment

As to the defendant's assertion of mistake of facts, the court below has the same purport as the grounds for appeal of this case.