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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. The Defendant is the representative director of the Victim F Co., Ltd. F (hereinafter “F”) established for the purpose of developing real estate with E on October 22, 2004, and G is the Defendant’s husband, who actually performed the F’s business.
On March 25, 2003, the Defendant and G entered into a sales contract to purchase 3.2 billion won from K, the owner of 3.2 billion won.
The contents of a sales contract are as follows: (a) the Defendant and G take over the collateral security obligation amounting to KRW 2 billion established on ten parcels; and (b) the remainder amounting to KRW 1.2 billion shall be paid in advance; (c) the ownership of the Defendant’s money and the Defendant’s money and the remainder amount of KRW 400 million shall be paid after transferring the ownership of the Defendant’s money and the Defendant’s fraud to N; and (d) the ownership of the remaining eight parcels (hereinafter “instant land”) was to be transferred to the Defendant and G.
The Defendant and G paid KRW 800,000 to May 6, 2003, and transferred the ownership of L and J in the Jeonbuk-si, North Korea, but did not pay the balance of KRW 400,000,000 and did not have the ownership of the instant land transferred.
As such, the Defendant and G failed to prepare the balance of KRW 400 million around October 22, 2004, the Defendant and G jointly developed approximately KRW 4,150,00,000 in the instant land and the Jeonbuk-si L, J, Q 11 parcels, including the remainder of the sales contract, and E invested KRW 1 billion, including KRW 400,000,000,000. The Defendant and G established F by investing approximately 2,549 square meters in the instant land, and the Defendant and G have KRW 35,50,00 in the instant land, and E entered into a joint investment agreement with KRW 65,00 in the instant land.
Accordingly, from November 9, 2004 to December 6, 2004, E paid KRW 720 million to the Defendant and G. The Defendant and G paid the remainder of KRW 400 million to K with the said money and transferred the ownership of the instant land in the name of R, the mother of the Defendant.
At that time, the defendant had a real estate competition.