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The defendant shall be innocent.
Reasons
1. The facts charged D is a person who, as a practical operator of E Co., Ltd. (hereinafter “E”), newly constructs and sells “G” officetels on the land of Seo-gu, Seo-gu, Gwangju and four parcels.
E Upon entering into a trust contract with an international asset trust company, no one shall acquire ownership because it is impossible to recognize the right of sale from the above trust company unless he/she deposits the sale price into the designated deposit account of the trust company without entering into the contract with the above trust company.
The Defendant conspired with D that: (a) the instant officetel No. 1038 (hereinafter “the instant officetel”) was normally sold by the said trust company; and (b) was not in a position to resell the instant officetel because there was no adequate purchase price by E in lieu of the construction price; (c) thus, even if the instant officetel was sold to a third party, it would not be possible to have the third party acquire ownership; (d) on August 24, 2015, the Defendant presented the sales contract in the name of the Defendant to I at the E office located in the Seo-gu in Gwangju, Seo-gu, Gwangju, stating that “I would directly change the price of the instant officetel if it would sell the instant officetel received in lieu of the construction cost,” and that “I could have acquired the ownership of the instant officetel by deceiving as the right to sell the instant officetel sold from the Defendant; and (e) by deceiving, I acquired the instant officetel’s own check with the face value of 49 million won per share of the instant officetel under the pretext of the resale price.
2. Determination
A. According to the record, the Defendant, on August 24, 2015, made a statement to the effect that, at the time of selling the instant officetel’s sales right to the I, “the instant officetel is sealed in lieu of construction cost.”
In addition, the Defendant sold 40,000,000 won or more of the instant officetels to I, from around the summer of 2014, and immediately account of E, 33,50,000 won or more of the price received for selling the instant officetel to I.