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The defendant shall be innocent.
Reasons
1. In the facts charged, the Defendant newly constructed a sub-loan D in 2007 and sold the loan as a de facto owner.
Around August 20, 2007, the Defendant entered into a sales contract with the victim E on G B 402 G, 41.78 square meters in the name of F, and 33.08 square meters in the site of 284 square meters (hereinafter “the above real estate”). Around August 20, 2007, the Defendant entered into an agreement with the victim for the transfer of ownership with the payment of KRW 65 million in the loan obligation to the Do Forest Credit Union and the previous lessee’s deposit return obligation to the Do Forest Credit Union and the amount of KRW 65 million in the remainder. On August 21, 2007, the Defendant received the down payment of KRW 23 million in the remainder, and the intermediate payment of KRW 40 million in October 10, 2007, and at the same time agreed for the transfer of ownership with the victim’s remainder payment of KRW 40 million in the above real estate.
The Defendant, according to the agreement on August 21, 2007, purchased down payment of KRW 23 million from the victim around August 21, 2007, and KRW 40 million from the intermediate payment of KRW 40 million around October 10, 2007, respectively. On November 10, 2007, the Defendant received the remainder of KRW 30 million out of the remainder of KRW 40 million on November 10, 2007, and extended the due date for payment of KRW 10 million for the remainder of KRW 10 million on July 24, 2010, after the Defendant entered into a re-contract on the deposit of the said real estate on or around October 24, 2009, the Defendant performed the duty of ownership transfer registration for the remainder of KRW 10 million and paid to the victim immediately.
On November 5, 2011, the Defendant, in violation of the foregoing duties, concluded a housing lease agreement with the new lessee H after the termination of the existing lease contract, and transferred the said real estate to H by increasing the deposit from the existing KRW 75 million to the KRW 100 million in mind.
Accordingly, the defendant's property equivalent to KRW 25 million in the increased amount of deposit for lease on the above real estate.