Text
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. The summary of the facts charged in this case is as follows.
The defendant, as the representative director of the D, was in charge of the sale of 122 commercial buildings in the above building while implementing the new construction of Pyeongtaek-si E commercial building.
[2010dan4103] The Defendant sold to the victim 1,370,00,00 won in total, 107,108,108,109, 166, and 1370,000 won in the office of the victim G’s representative, at around December 24, 2004, 280, 130,000 won in the above office of the corporation located in Yongsan-si, Seoul. In selling to the victim 1,370,00,000 won, the Defendant terminated the above 28 sales contracts for commercial buildings including 106, which were concluded with the victim, and offset the sales amount of 1,1340,000 won in the above 4 sales proceeds.
However, the facts are as follows: the Defendant terminated eight sales contracts for the above commercial buildings, including 101, which entered into with I around October 15, 2004; set off the sales contract amount to 109 and 110,000,000,000 won for the above commercial buildings; and I sold the above commercial buildings 109 and 110; and I did not have the intent or ability to sell the above commercial buildings to the victim by completing the registration of ownership transfer under the name of I on June 26, 2008.
Nevertheless, as above, the Defendant concealed the fact that he sold the above 109 commercial buildings to the above I, and caused the victim to offset the sales contract amount equivalent to 316,457,000 won of the above commercial building 109.
[201st order 246] On May 3, 2005, the Defendant decided to transfer the above commercial building No. 208(2080,000,000 won as a payment in kind for debt 7770 million won to J Co., Ltd. (which was changed to 210 at the time of registration of preservation of a design later) and issued the above sales contract No. 208 of commercial building, stating that the sale price was paid in full, to K as the operator of the above corporation.
K decided to transfer the above commercial building to L around June 5, 2006, and 200 million won from that time to June 23, 2006.