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The defendant shall be innocent.
Reasons
On January 6, 2016, the Defendant in the factory room in the factory room is owned by the Defendant of 585 square meters out of 2568 square meters of F forest land in Sungsung-si, Inc. (hereinafter “E”) in the office of “C” located in Seosung-si, B, 2016. As such, if he pays 130 million square meters of the purchase price, he would make a registration for the transfer of ownership of the above land. The Defendant constructed 18 square buildings on the above land and leased them to enable the victim to receive KRW 80 million of the lease money.
A false statement was made.
However, the F Forest is not a forest owned by the Defendant that he paid the down payment to five investors, including the Defendant, with the contributions to develop G, H, I, and J (hereinafter “G, etc.”), and purchased the down payment under the sole name of the said G. At that time, other investors, including the Defendant, did not make a registration of transfer of ownership under the sole name of the said G. At that time, the situation was where the land development procedure would be delayed and the land would be divided due to the failure to pay the contributions agreed by other investors, and the Defendant did not have obtained consent from other investors with respect to the sale of the said forest, and there was no economic ability for the Defendant to pay the remaining contributions due to default of national taxes, etc., and even if sold at 585 square meters of the said land, there was no intent or ability to allow
Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received 13 million won as down payment from the victim, that is, from the victim; and (c) transferred KRW 37 million as part payment to the head of Tong in the name of the Defendant’s Asia on January 8, 2016.
Maz.
1. The following facts are acknowledged according to the prosecutor and the evidence submitted by the defense counsel:
A. In the facts charged, although the land sold by the Defendant and the injured party (hereinafter “instant land”) is indicated as 585 square meters out of 2,568 square meters of F forest, the facts charged are stipulated as 5,000 square meters. However, a sales contract and a certified copy of the registry of the said land and a joint development