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The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
1. The gist of the grounds for appeal (misunderstanding of facts) is to ask the parties to the sales contract at the time of May 18, 2007, to “whether there was any talk about investment agreements and G housing” as of May 18, 2007, which entered into the instant facts charged. However, the Defendant is memorying that there was a talk about investment agreements and G housing after the conclusion of the sales contract regarding the F housing, and the Defendant responded to “C,” and thus, the Defendant did not make a false statement contrary to his memory at the time of the instant testimony.
2. Details of the testimony of this case
A. C was the owner of F Housing, and K and E’s put up a sales contract with the content that, on May 18, 2007, C shall purchase the said housing owned by C on behalf of each C and E at KRW 255,000,000 on behalf of each C and E, and that, upon entering into a contract, the down payment of KRW 140,000,000 shall be paid for the remainder of 115,000,000 on May 23, 2007 (hereinafter “first sales contract”).
B. E was the owner of G housing. On May 21, 2007, D drafted a sales contract with the content of selling G housing to H in KRW 253,000,000 on behalf of E (hereinafter “second sales contract”).
(c)
On May 22, 2007, the ownership in the name of H was changed with respect to the G housing, and on May 23, 2007, the ownership was changed in the name of E with respect to the F housing.
(d)
D and K, on June 1, 2007, set up an investment agreement in which E and K jointly invest each of their own 115,000,000 won and receive 1/2 each of their respective profits (hereinafter “instant investment agreement”). The instant investment agreement contains a statement that E will be responsible for the occurrence of a problem.
E. C asserts that, as E does not perform its obligation to pay any balance under the 1 sale contract, it is deemed that the instant investment agreement was made in lieu of the balance payment, and that E and D are subject to the instant agreement.