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The defendant shall be innocent.
Reasons
1. Summary of the facts charged
A. From June 2011, the Defendant, as the Defendant, has been operating a Co., Ltd. (hereinafter “instant Company”) that mainly engages in the sale and purchase or lease of the Seo-gu Daejeon-gu Officetel and commercial buildings (hereinafter “Seoul”) from around June 201.
The instant company purchased 243 units of Btel 243 units and 65 units of commercial building in KRW 18.79 billion, and purchased the purchase price with approximately KRW 10.7 billion obligations for the return of deposit money and deposit money for lease on a deposit basis, and raised the remainder with KRW 7.0 billion loan from D Co., Ltd. on June 2007. The company entered into a real estate trust contract with F Co., Ltd. as to 162 units of officetels and 55 units of commercial building and 165 units of commercial building and transferred E ownership of the said real estate to F Co., Ltd. as the trustee.
On the other hand, on June 201, the Defendant acquired the instant company on the condition that the Defendant bears all obligations, such as loans of KRW 6 billion, KRW 50 million, and deposit money for lease on a deposit basis.
The instant company, a truster of the said real estate trust agreement, shall obtain the F, a trustee, in cases where the act of restricting ownership, such as lease and lease on a deposit basis, is conducted in accordance with the agreement. In such a case, F, as there is a concern that the preservation of the loan claims against the truster E, who is the preferred beneficiary, may hinder the preservation of the loan claims against the truster. Therefore, consent of the registration of lease on a deposit basis is required only when
2) On May 2, 2013, the defrauded of deposit money, the Defendant: (a) told the representative of the victim I Co., Ltd., who registered the right to lease on a deposit basis from Btel G to H to KRW 210 million; (b) received a transfer of deposit deposit amount of KRW 20 million from the victim Co., Ltd. to the K bank account on the same day.