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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds of appeal stated that the Defendant, while purchasing the instant land from F, agreed with F at any time upon request by the Defendant, he/she agreed with F at the time, transferred the ownership of the said land. The Defendant trusted F’s horse that loans secured by the said land amounting to KRW 1.2 billion to KRW 1.6 billion and entrusted the Defendant with civil engineering work.
Therefore, there was no fact that the defendant deceivings the victim, and there was sufficient intention or ability to pay the construction cost to the victim.
Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.
2. Determination
A. On July 28, 2016, the Defendant: (a) established B (Representative Director C) on July 28, 2016; (b) purchased real estate under the name of the said company on August 8, 2016, from F, the actual owner of E located in D at the time of strike equivalent to KRW 700 million in the market price; and (c) set the total purchase price as KRW 1.9 billion on the said land on the condition that a warehouse is completed and a warehouse is established; and (d) paid as down down down down a warehouse and intermediate payment, the Defendant can exercise the right to the land, such as the establishment of security, from the time of payment; and (e) concluded a contract for the registration of actual land transfer under the name of the incorporated corporation after the completion of the warehouse.
Accordingly, on August 30, 2016, the Defendant established a maximum amount of KRW 800 million to creditors G by making himself/herself as the debtor, and began to exercise the right to the above land after borrowing KRW 550 million from creditors G.
On December 20, 2016, the Defendant drafted a standard contract for private construction works with the victim H representative director I Co., Ltd. and with the warehouse construction work cost of KRW 1.850,000,000,000 under the said contract. The Defendant borrowed the design cost of KRW 30,000,000 to I. On the completion of the civil construction works by J Co., Ltd., the construction works will vary. 20 days from the date of conclusion of the contract.