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The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud);
A. The summary of the facts charged is that the victim D attempted to develop a single real estate, such as G, which was jointly owned by F as the representative director of E Co., Ltd. as the representative director of E, and the neighboring H and I need to be utilized as an access road for development.
The above J real estate was owned by the defendant, and the victim was to purchase K and L, a real estate owned by the defendant and to utilize it as a access road after purchasing them together.
On December 8, 2009, the Defendant entered into a contract to sell H, K, L, and I 4 lots (hereinafter “instant real estate”) owned by the Defendant to the victim and theO at the N Office of Pakistan-si, Seoul Special Metropolitan City on December 8, 2009, and the victim’s “right to collateral security (hereinafter “right to collateral security”) established on the instant real estate is the victim’s statement at the prosecutor’s office and this court, and the prosecutor’s written opinion at November 20, 2017, according to the following: “The right to collateral security (hereinafter “right to collateral security”) established on the instant real estate by the date of the remainder cancellation; the Defendant’s statement at the prosecutor’s office and this court; and the victim’s written opinion at the end of November 20, 2017.”
The Plaintiff provided the instant real estate as collateral and received a loan to pay a balance.”
However, in fact, on June 201, 2006 and 2007, the Defendant had the obligation of KRW 27,000,000,000, and the obligation of KRW 1,255,886,730 as of June 201, and other obligations equivalent to KRW 30,000,000,00, and the actual obligation of the instant real estate exceeds KRW 1,000,000,000, as the Defendant was promised by the victim, there was no intention or ability to cancel the mortgage until the remainder.
Nevertheless, the defendant deceivings the victim as above and received 100,000,000 won as the down payment from the injured person on the same day as the down payment, and is recorded in the list of annexed crimes.