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The defendant shall be innocent.
Reasons
1. Summary of the facts charged
A. The Defendant: (a) obtained a gift site and business license from C Co., Ltd. (hereinafter “C”) in order to be unable to properly proceed with the business during the process of carrying out a ice store construction and sales business, and requested to inquire about a person who is entitled to receive a gift site and business license; and (b) the above E introduced the victim F, who was aware of the ordinary business, to the Defendant.
[2] On May 9, 2008, the Defendant purchased a 3.5 billion won from C a 3.5 billion won of the site site and business right (hereinafter “shock site and business right”) to the victim of the H office operated by the Defendant, Seo-gu Daejeon, Daejeon, and 203, G, and H office operated by the Defendant.
Since the current brand sales have become final and conclusive, if construction is conducted with acquisition of the above site and business right in KRW 6 billion, the profit amount of at least 10 billion can be the day.
In the event that the down payment is KRW 600 million and it is difficult to pay the down payment, the false statement was presented to the effect that the shares of I Co., Ltd. (hereinafter referred to as “I”) are offered as security, and that C purchased the said site and business rights in KRW 3.5 billion from the said land and business rights.
However, in fact, the Defendant purchased the above site and business rights in KRW 2.5 billion from C, and the contract for the transfer and acquisition of the above corporation (business rights) was forged, and since the salesroom occupants did not have been confirmed, it was uncertain whether the victimized party would be able to make profits more than 10 billion even if he/she acquired the above site and business rights and proceeds from the construction.
Nevertheless, the defendant has prepared a share sale contract to the effect that he will transfer the land and business right of a 6 billion won to the victim on the same day and then operated by the victim as a collateral for the down payment amount of 60 million won.