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The defendant shall be innocent.
Reasons
1. On May 26, 2011, the Defendant entered into a sales contract with the victim F Co., Ltd. (hereinafter “F”) on the part of the E office located in Jinjin-si, Co., Ltd., Ltd. (hereinafter “F”), whereby the sum of H and 16 parcels of land owned by the Defendant is KRW 29,603 square meters (hereinafter “instant land”) for KRW 2.328,000,000,000. Around May 26, 2011, the Defendant agreed to cancel the right to collateral security with the creditor Joint Agricultural Cooperatives, the creditor Savings Bank, the creditor Savings Bank, the maximum debt amount of KRW 1.9 billion, and the right to collateral security with KRW 35,500,000,000,00
According to the above contract, the Defendant received KRW 240 million from the victim as the down payment on the same day, KRW 50 million as part of the remainder on November 16, 201, and KRW 150 million as part of the remainder on January 19, 201. Thus, the Defendant had the duty to implement the procedure for the registration of ownership transfer of the said land.
Nevertheless, on August 16, 2013, the Defendant borrowed KRW 320 million from I in violation of the foregoing duties, and completed the establishment registration of a collateral of KRW 500 million with respect to the said land as creditor I and the maximum debt amount.
Accordingly, the Defendant acquired property benefits equivalent to KRW 500,000 of the maximum debt amount, and suffered damages equivalent to the same amount to the victim.
2. Determination
A. The following facts are acknowledged according to the evidence duly adopted and examined by this Court.
1) On May 26, 201, the Defendant sold the instant land at KRW 2.328 billion to G, and concluded a sales contract with the payment of KRW 240 million on the date of the contract, and the remainder of KRW 2.88 billion was paid on the instant land upon obtaining permission for construction of a logistics warehouse on the instant land. (ii) G paid the Defendant the said down payment KRW 240 million on the date of the contract, and the Defendant is the remainder of the scheduled date of the construction permission.