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1. As to the Plaintiff A’s KRW 220,00,000, and KRW 187,250,000 to the Plaintiff B, and each of the said money from January 3, 2019.
Reasons
1. Basic facts
A. The defendant is a corporation for housing construction business, and D is a representative director or in-house director of the defendant.
B. On May 29, 2015, the Defendant obtained approval from the head of Seo-gu Busan Metropolitan Government from the head of Seo-gu Busan Metropolitan City with respect to the construction of an apartment building with six 450 Dong-dong units on the ground of 18,688 square meters in Busan Seo-gu, Busan, and 152 lots (hereinafter “instant project”).
C. Plaintiff A transferred KRW 1.5 million to the Defendant’s account on December 31, 2014; KRW 30 million on April 30, 2015; KRW 15 million on May 20, 2015; KRW 30 million on June 29, 2015; KRW 30 million on July 29, 2015; KRW 160,000,000 to the Defendant’s account on October 29, 2015; KRW 5 million on October 29, 2015; KRW 5 million on October 29, 2015; KRW 5 million on October 29, 2015; and KRW 5 million on May 29, 2015; and transferred the money directly to the Defendant’s account under the name of the Defendant’s account in the name of KRW 5 million on July 25, 2015; and KRW 5 million on July 25, 2015.
Meanwhile, on September 2, 2015, Plaintiff B remitted total of KRW 18,7250,000 to G’s account in the name of G.
E. After that, D borrowed each KRW 30 million from the Plaintiff to the Defendant’s account under the name of the Defendant without any intention or ability to use or repay for the purchase of land on or around June 29, 2015 and July 29, 2015, by means of borrowing KRW 30 million from the Plaintiff as the land purchase fund for the instant project without any intention or capacity to use or repay the said money.
“The crime was committed on August 27, 2015 and, without the intention or ability to use or repay the project cost of this case, by borrowing cash of KRW 50 million from the said Plaintiff in the form of expenses for the project of this case, and by defrauding the said money,” etc. on October 19, 2017, which was sentenced to a conviction of four years of imprisonment with prison labor at the Busan District Court’s Dong Branch Branch.
[2016 Highest 2423, 2017 Highest 148 (Joint), 368 (Joint)). F. D appealed appealed against the above judgment, and filed an appeal on June 8, 2018.