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The defendant shall be innocent.
Reasons
1. The summary of the facts charged in the instant case is that the Defendant: (a) around March 14, 2008, at the E-real estate office located in the wife population D; (b) on the victim F and G, the Defendant: (c) “The victim F and G paid the remainder of KRW 700 million after obtaining a loan as security on April 28, 2008, to the victim F and G, for the remainder of KRW 485 square meters of the land in the wife population H, 668 square meters of the said I forest; (d) the said J forest 532 square meters of the said J forest; and (e) the said K forest 637 square meters of the said land (hereinafter “instant land”); and (e) sold the land in 1.7 billion won to B; and (e) the intermediate payment of KRW 200 million on September 18, 2008.”
However, the Defendant, from the beginning, intended to use the said four forest land security loan as an individual investment loan, not an intermediate payment, and there was no other property, so there was no intention or ability to pay the intermediate payment and the balance.
As such, the Defendant, by deceiving the victims and purchasing the above four parcels of forest land from the victims, did not pay only KRW 200 million for down payment, intermediate payment of KRW 450 million, and did not pay KRW 1050 million for the remainder of the purchase money.
2. The Defendant asserted that the Defendant had not been at the site at the time when the sales contract for the instant land was concluded (hereinafter “instant sales contract”), and that the Defendant had Ma, an employee of L Co., Ltd. operated by the Defendant, conclude the said sales contract on behalf of the Defendant, and that the Defendant did not directly talk with the victims as stated in the facts charged.
In addition, the Defendant paid the victims KRW 784,00,000 up to now, including the down payment of KRW 200,000 and KRW 450,000,000 paid as the intermediate payment on the date of the conclusion of the above sales contract, and in light of the Defendant’s repayment record at the time of the instant case.