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Defendants are not guilty, and the summary of the above judgment is publicly notified.
Reasons
1. Defendant A is the representative director of (ju)D, Defendant B is the vice president of the above company.
On February 20, 2009, the Defendants conspired and made a false statement to the effect that “The victims F will be authorized to sell all deposits if they deposit KRW 100 million because (100 million) of deposit money was paid to all of the 198 households, commercial buildings 67 households, and officetels 90 households outside Gyeonggi-si, Gyeonggi-si, and Gyeonggi-do.”
However, the Defendants did not have any intent or ability to grant the right to sell in lots to the victims, since the Defendants entered into a contract for international asset trust and management-type land trust with the intention of having all the powers on the sale as the project undertaker, on July 2008, on the wind that would cause a trouble in the project by obtaining the above apartment site from the National Bank with the PF loan amounting to KRW 48.5 billion, and purchasing the project scheduled to be large-scale, and designing the project as a small-sized waterway design, etc.
The Defendants, under the pretext of granting the power to sell in lots from the victims, obtained KRW 50 million around February 20, 2009, KRW 50 million around February 27, 2009, KRW 2.8 million around January 13, 201, KRW 4 million around November 5, 201, KRW 3 million around February 25, 201, and KRW 3.2 million around April 2, 201, and acquired them by deception.
2. In full view of the following circumstances acknowledged by the court’s duly admitted and investigated evidence, it is difficult to readily conclude that the Defendants did not have the intent or ability to exercise the right to sell goods in lots. The Appellant’s statement is difficult to believe, and the other evidence submitted by the prosecutor is insufficient to recognize it.
(1) It is difficult to view that the Defendants’ right to sell lots and, in particular, the right to select the sale lots has been completely excluded due to the management-type land trust contract.
- Defendant A as the executor of the instant project.