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The judgment of the court below is reversed.
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. Summary of grounds for appeal;
A. The judgment of the court below that found the defendant guilty of the facts charged in this case without the intention of deceiving the mistake of facts is erroneous.
B. The sentence imposed by the court below on the defendant (eight months of imprisonment and two years of suspended sentence) is too unreasonable.
2. Determination
A. On January 18, 2019, the Defendant, who was the actual representative of B Co., Ltd. (hereinafter “B”) of the instant facts charged, filed a lawsuit claiming KRW 100 million (hereinafter “related civil lawsuit”) against the victim C with the Ulsan District Court located within 55,00,000,000 in Ulsan-gu, Ulsan-gu, Seoul Special Metropolitan City, to the effect that “B (D) transferred the ownership of the land allotted by the development recompense for development outlay E 496 square meters (hereinafter “the instant land”) on September 27, 2007, the Plaintiff (hereinafter “Plaintiff”) transferred the ownership of the land allotted by the development recompense for development outlay (hereinafter “the instant land”), and on November 30, 2010, the Defendant (victim) received KRW 200 million at the time of the contract to sell the land allotted by the development recompense for development outlay to a third party, and the remaining KRW 100,000,00,000,000,00.”
However, around early 2007, the Defendant decided to sell the instant land secured by the recompense for development outlay to the victim and the husband F of the victim to KRW 300 million, and the Defendant was aware of the fact that he received the payment of the purchase price from the victim on January 30, 2007, KRW 100 million, KRW 100 million on February 1, 2007, and KRW 100 million on February 9, 2007.
As above, the Defendant submitted a written complaint and received a favorable judgment and attempted to receive KRW 100 million. However, the Defendant asserted that the Defendant dismissed the said claim upon submitting a written answer on February 8, 2019. The Defendant on March 26, 2019.