사기
The defendant shall disclose the summary of the judgment of innocence against the defendant.
1. The summary of the facts charged was that the Defendant entered into a trust agreement with C and the victim D on December 3, 2002, and received KRW 171 million from them, and the E and F (hereinafter “instant land”) purchased from G and completed the registration of transfer of ownership under the Defendant’s mother H’s name on December 3, 2002, after completing the registration of transfer of ownership, C and the victim made a provisional registration on December 3, 2002, designating C and the victim as the holder of one-half share rights as the holder of one-half share rights to the instant land on the same day in order to secure the right to claim the registration of transfer of ownership of the instant land, and around June 18, 2013, the victim first acquired the right to claim the transfer of ownership equivalent to the above shares from C and the owner of the instant right to claim the transfer of ownership of the instant land.
On March 17, 2014, the Defendant: (a) sold the instant land to J upon the request of the said C and the victims for the disposal of the instant land; (b) however, (c) sold the instant land in a false manner with the purchase price of KRW 220 million; (d) was executed as if the instant land was sold to the victims with the purchase price of KRW 220 million; and (e) obtained the pecuniary benefit of KRW 300,000,000,000, which is the market price of the instant land, by obtaining the registration of cancellation of the said period from the victims.
2. Determination
A. According to the evidence duly admitted and examined by the court, the following facts can be acknowledged.
① On December 2, 2002, the Defendant was divided into approximately 950 square meters, and KRW 1,243 square meters before E on February 21, 2014, and KRW 1,896 square meters before E on December 21, 2014, in Jeju-do owned by G to D and C.
The purpose of this case was to encourage the purchase of the instant land as the site for the pentol Project.
② On November 30, 2002, the Defendant, under the name of the Defendant’s mother residing in Do, sold the instant land between G and G on November 30, 2002 (the purchase price of KRW 171 million and the down payment of KRW 30 million).