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Defendants are not guilty.
Reasons
1. The facts charged against Defendant A is the actual operator who has overall control over the business and fund execution of the E Co., Ltd. (hereinafter “E”), a company that is the executor of the new business of Gyeonggi-D apartment (hereinafter “D apartment”), and Defendant B is the representative director of E.
On May 16, 201, the Defendants concluded a sales contract for D Apartment 1302 and 1406 to be constructed by the victim F and E at the victim’s office at the Han-dong, Songpa-gu, Seoul. On May 19, 201, the Defendants agreed that the Defendant paid the intermediate payment and the balance of the said sales contract for the proceeds of selling the said G Apartment with the power to sell the G Apartment 101 and 205 at the victim’s office. As such, the Defendants had the duty to implement the procedures for the registration of ownership transfer for D Apartment 1302 and 1406.
However, on March 23, 2012, the Defendants violated the aforementioned duties and transferred the ownership of the above apartment Nos. 1302 and 1406 to the Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust”).
As a result, the Defendants conspired to acquire property benefits equivalent to 97,875,000 won in total from the market price of D apartment 1302 and 1406, and caused damages equivalent to the same amount to the victims.
2. Determination
A. Comprehensively taking account of the evidence duly adopted and examined by this court, the following facts can be acknowledged.
1) F, upon introduction of H around the beginning of 2011, the Defendants were practically operating E or become aware of the representative personnel. 2) Defendants and H proposed that “F would use the above G apartment in the operation fund of the D apartment if the Plaintiff disposed of the G apartment in the name of his/her father and lent the proceeds of the sale to F around March 201, 201, and would have two households if the D apartment is completed.”
3) On May 16, 2011, the Defendants agreed to borrow G apartment sales proceeds from F and Defendant B (i) keeps custody of KRW 480,000,000 until February 29, 2012.