사기미수
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
The Defendant purchased D and Ulsandong-gu E, F, 459 square meters and its ground buildings (hereinafter “instant site and ground buildings”) and concluded a sales contract to newly construct and sell studio in the victim G Co., Ltd. (hereinafter “victim G”) with D’s representative director and to distribute profits therefrom. On January 13, 2014, the Defendant concluded a sales contract with the seller of the instant site and ground buildings and to purchase the instant site and ground buildings for KRW 1.1 billion in the purchase price at the International Authorized Brokerage Office located in Ulsan-gu, Ulsan-gu and Ulsan-gu. < Amended by Act No. 12193, Jan. 13, 2014>
Next, from January 10, 2014 to June 9, 2014, the Defendant issued to the saidJ a total of KRW 800 million for checks issued or held by the victim G or D with the purchase price for the instant site and building from around January 10, 2014 to June 9, 2014, and transferred KRW 100 million from the account under the said J’s name to the said account under the said J’s name. A transfer of KRW 200 million from the said account under the victim G’s name to the said account under the said J’s name and paid the purchase price on April 11, 2014, after completing the registration of transfer of ownership in the name of G, the Defendant attempted to remove the instant ground building from the instant site, newly built an apartment building, and distribute the proceeds therefrom, but failed to receive the expected amount of profit due to the failure to properly sell the land.
Accordingly, the Defendant requested D to pay KRW 180,000,000 as the sales fee for the above apartment building around the end of November 2015, but it was rejected from D, and the Defendant stated the false fact that the Defendant paid KRW 700,000,000 out of the sales fee for the instant apartment building and the building on the ground of the purchase price for the instant site and the building on the ground that the copy of the check, which was KRW 80,000,00,000, out of the total amount of KRW 800,000,000, was kept in custody with D from the victim G, on December 2, 2015.