사기
The defendant shall be innocent.
1. The summary of the facts charged is the defendant, who purchased real estate from C which is not a medical person and intends to operate a medical institution, and established a medical institution after obtaining a proposal to register the ownership of the real estate in the name of the defendant until the medical corporation is successful in the establishment of the medical corporation. As a result, C, through victim D, E,F, G, and H, lent its name to C when purchasing real estate from the victim E, G, and H, Incheon I, 301, and 401.
In fact, even if the Defendant entered into a real estate sales contract with D and completed the registration of ownership transfer in the name of the Defendant before the remainder payment, the Defendant did not have intention and ability to pay 700 million won, including the balance of the sale and purchase of the said real estate, to D, due to the circumstances such as the Defendant’s financial status, degree of liability, municipal ordinances on the requirements of notification within the site for the establishment of a medical institution, and the fact that he
Nevertheless, on November 14, 2007, the Defendant: (a) concealed the aforementioned circumstances; (b) sealed a cash payment note with the effect that “The Defendant would pay KRW 700 million to the victim D by January 30, 2008; and (c) delivered L through L, thereby allowing the victims who think of the Defendant’s performance of the said payment note in the name of the Defendant to transfer the ownership of the said I, 301, and 401 in the name of the Defendant, thereby allowing C to acquire a substantial right to the said real property under the title trust agreement, thereby allowing C to acquire the balance of KRW 524,00,000,00.
2. The evidence submitted by the prosecutor alone is insufficient to recognize the fact that the defendant deceivings the victims, and there is no other evidence to acknowledge it.
Rather, according to the records, the following circumstances can be acknowledged.