The defendant shall be innocent.

I. On August 4, 2014, the Defendant: (a) purchased the right to sell the land for livelihood countermeasures against the riverside city (hereinafter “right to sell”) supplied to the original residents or commercial tenants according to the F housing construction implemented in E; (b) established a cooperative; (c) established a separate corporation, and succeeded to the rights and obligations of the cooperative, after succeeding to the sale of the land through lot; and (d) agreed to engage in a new construction and sale of neighborhood living facilities in the name of the corporation. According to the agreement, the victim transferred five times from September 4, 2014 to October 21, 2014 under the name of the Defendant to the account under the name of the Defendant for the purchase of the right to sell, and the Defendant purchased 23 purchase the land out of the funds.

On October 21, 2014, the Defendant: (a) established a G association with 46 basic property, including 23 sales rights purchased from the victim’s funds; and (b) held office as the head of the association; (c) around October 27, 2014, the Defendant participated in a lot of land held in E in the name of the said G association; and (d) subsequently, he/she received the Plaintiff’s purchase of H land within F; and (c) accordingly, the Plaintiff, a working-level manager of the said association, sent the text message to the Plaintiff that he/she would pay the Plaintiff KRW 499,115,000, total sum of KRW 460,000,000, KRW 243,938,000, a half of the purchase price of the said land, and KRW 460,000,000, the amount of KRW 3138,011, the victim sent the message to the said G bank account under the name of the said G association around November 17, 23194.

Therefore, when the defendant, the head of the above association, establishes a new corporation to succeed to the rights and obligations of the above G association in accordance with the initial agreement with the victim, he/she has the duty to distribute shares equivalent to the victim's share ratio (486.19/995) and to distribute the profits corresponding to the victim's share ratio if the profits occur due to new construction and sale of neighboring living facilities.