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The judgment of the court below is reversed.
Defendant
A shall be punished by imprisonment with prison labor for eight months, and by imprisonment with prison labor for one and half years.
Reasons
1. The court below held that the part of the facts charged in this case that "the defendant acquired property benefits equivalent to KRW 197,00,000 and KRW 220,000,000 from the act as stated in each of the facts charged in the judgment below," among the facts charged in this case, the victims listed in Paragraph 2 of the facts charged in the judgment of the court below are deemed to have been provided with a contract for sale in lots as a collateral, and thus, the part of the construction which had already been conducted before it is not recognized as a disposal act by the victims. The court below acquitted the victims of all of the facts charged in the crime No. 2 of this case as stated in the judgment of the court below.
As to this, since only the Defendants appealed against the guilty portion, the part of innocence in the above reasoning was transferred to the trial court along with the remaining convictions in the relationship of a single crime, but it is not subject to the trial judgment of this court because it is out of the object of attack and defense between the parties. Thus, this court should comply with the conclusion of innocence in the above reasoning
2. Summary of grounds for appeal;
가. 사실오인 내지 법리오해 (1) 피고인들 ㈎ 피고인들이 운영하는 주식회사 I(이하 ‘I’라고 한다)가 피해자들과 도급계약을 체결한 것이 아니라, N가 독자적으로 피해자들과 하도급계약을 체결한 것이므로 피고인들은 피해자들에게 공사대금을 지급할 의무가 없었다.
However, in order to facilitate construction upon N's request, only some of K's contracts for sale in lots were offered as security to victims as new units of "K" (hereinafter referred to as "the instant condominium building") under the J of Sung-si (hereinafter referred to as "the instant site").
In addition, the Defendants did not agree on the transfer of ownership without any limit to the security right to the victims, but transferred to the state with the security right, and the sale price and the amount of collateral security.