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The defendant shall be innocent.
Reasons
Ⅰ. The facts charged [the facts charged] The Defendant, while managing C Co., Ltd. (hereinafter “C”), was operating a business to construct a factory site by purchasing 776,425 square meters of forest land D located in Kimhae-si.
E was a business operator who operated a small and medium enterprise in the Kimhae-si FF, and the price of the FF was designated as a housing site development area, and it constituted a G organization (hereinafter referred to as “G organization”) with other business operators who operated a small and medium enterprise in F in order to relocate the factory, and was appointed as its representative.
G organization decided the factory site to be transferred to Kimhae-si, where C was constructed as a factory site, and concluded a sales contract with the total purchase price of KRW 59,904 square meters ( approximately 18,000 square meters, hereinafter referred to as “instant forest”) calculated as KRW 330,000 per square year (30,000,000 won in the land price) from among the D forest owned by C, and concluded a sales contract with KRW 5,90,000 in total ( KRW 18,00 in the land price x 330,000).
(2) The Defendant, at the time of the sales contract with G, had a collateral security established for the forest of this case to be the creditor bank, and the Defendant was given a warning to perform voluntary auction from the said bank due to the failure to pay interest, instead of the principal of the said debt, and was likely to demand the bank to pay a greater amount of money if the sales price was increased.
Accordingly, the Defendant explained his position to E, the representative of the G organization, in mind of not paying part of the purchase price to the national bank, and requested the said bank to separately prepare a false sales contract stating that the purchase price in the sales contract concerning the forest of this case, which is to be submitted to the said bank, is KRW 2,690,000,000, which is calculated as KRW 2,50,000,000,000, not the actual amount.
Therefore, the defendant and E shall be within the above C Office around December 11, 2003.