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The defendant shall be innocent.
Reasons
1. The facts charged [basic facts] D is a person running a stock company E, which is a movable company in the so-called planning department, and the Defendant is a person who actually owns the 12,198 square meters of Gangwon-gun G forest in the name of mother-friendly F (hereinafter “G land”), and 8,628 square meters of H forest in the Chungcheongbuk-gun, Chungcheongnam-gun, Chungcheongnamyang-gun, Chungcheongnam-do (hereinafter “H land”).
Around May 2012, the Defendant and D anticipated that the National Tax Service would seize G land and H land due to F’s default on national tax, and agreed to set up a collateral security right to prevent the nominal holders from arbitrarily disposing of the land.
Accordingly, on June 11, 2012, the Defendant completed the registration of transfer of ownership in the name of wife I of D with respect to G land, and the registration of transfer of ownership in the name of J that was designated by D with respect to H land on June 19, 2012, respectively.
[Criminal Facts] After D arbitrarily sold G land under the name of D on November 14, 2012 to K, the Defendant came to know of the fact that D created the registration of the right to request the transfer of ownership and received the payment, the Defendant attempted to either cancel the provisional registration by pressure D, or file a false complaint in order to have D pay the purchase price received from K.
Accordingly, the Defendant, on January 6, 2016, in the non-printed printing office near the Seocho-gu Seoul subway Station, would allow employees in its place to receive KRW 75 million from the purchase price by selling the G land under his own name, on the face of the transfer of ownership, etc., by using the computer.
Along with the proposal, the registration of the transfer of ownership of the above land, which is one of the F owners, was made, but the above payment of the purchase price was made again, and the complaint was made to the Seoul Central District Public Prosecutor's Office on January 12, 2016 to the effect that the payment of D and I would be punished for fraud, and submitted it to the Seoul Central Public Prosecutor's Office.
Then, the Defendant was Seoul on February 4, 2016.