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The defendant shall be innocent.
Reasons
The summary of the facts charged is as follows: (a) the Defendant and B received part of the acquisition fund from the above B, and (b) from January 2, 2011, the Defendant had the real estate and public land portion (2492/47827/47) of the “E private house” in the building C (hereinafter “the instant building”) 3rd floor D, and operated the said private house; (c) the Defendant had the right to operate the said private house; and (d) the Defendant had been operating the said private house on the grounds that he arbitrarily uses part of the profits of the said private house for other businesses, etc., the said private house continues to be in arrears; and (e) the Defendant had been operating the said private house due to the delayed use of some of the profits of the said private house in other businesses, etc., upon the request of the above B, changed the nominal owner of the above private house from around July 2, 2018 to B; and (e) has been operating the said private house independently from that time.
On the other hand, the defendant was aware of the victim G around October 2018 while he tried to transfer to another person all rights to the above friendship through F from January 2018.
The defendant around October 18, 2018, at the I certified judicial scrivener office located in Seocho-gu Seoul Metropolitan Government H, the victim is a business operator in the name of the defendant.
The contract was entered into between the victim and the victim to transfer all of the rights, such as the entire right to share the real estate and the comprehensive right to share the real estate in the above private sector in the amount of KRW 4 billion.
However, as above, the Defendant had already transferred the name of the business operator of the above private friendship to the above B and did not participate in the operation, and was in difficult condition to obtain the consent for the above transfer from the above B. Thus, even if he received the amount from the damaged party, he did not have the intent or ability to transfer the business right to the above private friendship.
As such, the Defendant deceiving the victim, and then deceiving the victim, up to 100 million won under the name of the J bank account (Account Number K) in the name of the Defendant, around October 19, 2018, and the remaining down payment around November 5, 2018.