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The accused shall publicly announce the summary of the judgment of innocence against the accused.
Reasons
1. On December 18, 2007, the Defendant entered into a real estate sales contract with the content of giving up all rights to the land of the voice group, where the Defendant is unable to repay the loans by February 28, 2008, by December 31, 2007, on two parcels of land located in the voice group C (hereinafter “the land of the voice group”) in the name of his/her owner D and the land of the voice group as a collateral. However, if it is impossible to repay the loans by February 28, 2008, the Defendant would lose all rights to the land of the voice group as a collateral because it was impossible to repay the loans by February 28, 2008.
On August 19, 2008, the Defendant, at the F coffee shop located in Seocho-gu Seoul Metropolitan Government on August 19, 2008, stated that “The Defendant may exchange the victim G with the voice group land any more than 50 million won in cash on the Asan land in possession. The voice group land was released from the elderly soil and sold the soil, and the Defendant has all the rights in the voice group land, so that the Plaintiff has all the rights in the voice group land.” The Defendant made a false statement that “the amount of KRW 46 million is changed as down payment.”
However, as above, the Defendant was unable to perform the terms of the contract entered into with the nominal owner with respect to the land in voice group, and thus was disqualified for all rights to the land in voice group as of February 28, 2008, and even if the Defendant received money from the damaged party, there was no ability or intent to transfer the ownership of the land in voice group to the victim
Accordingly, the Defendant, as seen above, was accused of the victim, and received 46 million won from the damaged party.
2. Determination
A. The Defendant and the defense counsel’s assertion concluded an exchange contract with D prior to the conclusion of the instant sales contract with the complainant, fulfilled all the Defendant’s duty of exchange agreement with the exception of the part succeeding to the loan, and obtain a certificate of the seal impression for sale in the name of D from H, etc., the agent of D, etc., so the instant voice land is disposed of