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The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.
Reasons
1. Around 13:00 on February 17, 2012, the Defendant stated that “A” in the “D” located in Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-dong, Chungcheongnam-do, the Defendant purchased machinery and equipment inside the factory located in the E-factory located in the Defendant (hereinafter “instant machinery and equipment”) owned by the Defendant, stating that “A” is owned by B and there is no problem. Of the 70,000,000 won price, the Defendant would first change KRW 35,00,000 as the down payment.”
However, on September 27, 2011, the Defendant obtained a loan of all the above factory sites, buildings, and machinery facilities as collateral from the G Saemaul Fund, and had established a mortgage over the factory foundation of KRW 273,00,000 with the maximum debt amount. Therefore, even if receiving the payment from F, the Defendant did not have the intent or ability to sell the machinery and equipment normally.
The Defendant, by deceiving F as such, received 35,000,000 won as a machinery facility down payment from F to the bank account in the name of H from H to the bank account in the name of H.
2. On the premise of the premise, according to the witness H, F, I’s statement recording of the second trial record, the witness J’s legal statement, a copy of a real estate sales contract, and each police interrogation protocol against K, the following facts are acknowledged: ① the Defendant entered into a contract with H on February 17, 2012 with H to sell the factory site as stated in the facts charged (hereinafter “instant factory site”) and machinery and equipment (hereinafter “instant machinery and equipment”) for KRW 70 million; ② on behalf of H on the same day, the J entered into a contract with F to sell the instant machinery and equipment for KRW 70,000,000, on behalf of H, and received KRW 35,000,000 from a bank account under the name of H as down payment.
3. The summary of the Defendant’s and the defense counsel’s assertion did not directly participate in the sales contract on the instant machinery and equipment between H and J (hereinafter “J”) and F.
The Defendant, at the time, has set up a security against the instant machinery and equipment, etc.