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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. The summary of the facts charged is that “I” as stated in the facts charged in D (hereinafter “D”) by the Defendant’s representative is a clerical error (Article 1, title 1, title 153 of the investigation record) at the office of the C lawyer in Ansan-si, the Defendant: (a) during the period of July 13, 2006, when entering into a sales contract on behalf of the seller E, F, and G with respect to land E, E, F, and G, the seller, E, F, and 41 free transfer the ownership to K who representeded by the victim J organization for the purchase price of KRW 540,000,000 for H360 for the purchase of KRW 540,00,000 for the purchase price, such as the split-off plan.
“A false representation was made.”
However, the Defendant was well aware that at the time of obtaining permission for development of the same land in the name of L around May 12, 2006, the transfer of ownership was not an intention or ability to transfer ownership by obtaining permission for development of the entire site from the victim J organization even if the Defendant received the purchase price from the victim J organization, as he was aware of the fact that the Defendant was unable to obtain permission for development of the same land in the form of a square as desired by the M Design Office in accordance with the Ma-si Ordinance with a forest gradient of at least 17.5 degrees.
Nevertheless, on July 13, 2006, the Defendant: (a) by deceiving the victim as above; (b) received KRW 162,000,000 as the intermediate payment on October 27, 2006; and (c) received KRW 135,000,000 as the intermediate payment on April 24, 2007; and (b) received KRW 135,000,000 as the intermediate payment on April 28, 2007; and (c) received KRW 170,08,130,000 as the remainder by having K pay the unpaid tax amount of KRW 170,08,130 as the intermediate payment on April 28, 2008.
2. Determination:
A. The crime of fraud under Article 347 of the Criminal Act is committed by deceiving a person to receive property or to acquire pecuniary benefits, or to have a third party receive property or to have him/her receive pecuniary benefits.