특정경제범죄가중처벌등에관한법률위반(배임)
The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.
1. The summary of the facts charged D, E, from F and G on February 22, 2002, intended to purchase each share of KRW 582,182,00,000 (hereinafter “first sale contract of this case”) and to purchase each share of KRW 27,976 square meters of H, 976 square meters of forests and 32,182 square meters of I,206 square meters of forests and 4,206 square meters of forests (hereinafter “instant forest”) from E and G (hereinafter “one sale contract of this case”) and received documents necessary for the registration of transfer of ownership from F and G, after fully paying the purchase price at around that time.
D In April 2002, after entering into a contract to sell half of the forest land of this case to K in 270 million won, D had it paid KRW 270 million from K around April 30, 2002. Around June 21, 2002, the subject matter of sale was 1/2 (1,061/32,182) out of its purchased shares, and after having agreed with K in 200 million won to change the purchase price into KRW 200 million, K returned KRW 70,000,000,000, which was part of the purchase price, to K in 2002. Around December 24, 2002, the remainder of the purchase shares (11,061/32,182) of the forest land of this case to the victims who were the head of K in 210,000 won and paid KRW 700,000,00,000 from the purchase price to the victims.
As above, D and E paid the full purchase price to F, G, and victims, but the difference in the transfer income tax due to the increase in land prices of the forest of this case, D and J failed to complete the registration of transfer of ownership in the name of victims due to the occurrence of securing a waiver of the right to claim the transfer of ownership, and even thereafter, the forest of this case.