The defendant shall be innocent.

1. The summary of the facts charged is the representative director of the D General Construction Co., Ltd., and the above company constructed the Seongbuk-gu Seoul E-building apartment (hereinafter referred to as the “instant apartment”) and received 7 bonds including the above apartment bonds from the reconstruction association as payment for the construction work.

On October 17, 2011, when the Defendant entered into a sales contract with the victim G and the instant apartment 302, the Defendant agreed to receive the remainder of KRW 95 million after deducting the Defendant’s existing obligation 90 million to the victim. On the same day, the Defendant transferred the remainder of KRW 95 million to the Defendant according to the above content of the contract. As the Defendant transferred the remainder of KRW 95 million to the Defendant, the Defendant had a duty to implement the procedure for the registration of ownership transfer with respect to the instant apartment 302.

Nevertheless, around April 16, 2012, the Defendant drafted an agreement on real estate exchange with H-owned apartment Nos. 302, which is exchanged with H-owned apartment Nos. 302, at the Songwon notarial Office located in Jongno-gu Seoul Jongno-gu 310, Jongno-gu 310, and between H and H.

As a result, the Defendant inflicted property damage equivalent to KRW 185 million, which is the sales price of the apartment house 301 of this case, on the victim, and H acquired property benefits equivalent to the same amount.

2. Determination

A. The factual basis (1) is that the Defendant’s comprehensive construction company, a representative, is not yet subject to construction or approval for use of the instant apartment (the underground floor, the ground floor, the 7th floor, the total floor area, the 2,402.97 square meters, the 19 generation, the building owner, and the 11st owner) on the ground in Seongbuk-gu Seoul, Seongbuk-gu.

(2) The Defendant, as the representative of the International General Construction Bank Co., Ltd., is written on October 17, 201, the written contract (in the form of seven pages of investigation records), written on October 18, 201.

G as an agent, K and the apartment unit 302 shares in this case are sold in lots.