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The defendant shall be innocent.
Reasons
1. On May 15, 2003, if the victim C and the Defendant invested KRW 38 million in purchasing 4,413 square meters of D forest land in Masung-si, the Defendant entered into a contract between the victim and the victim to transfer the ownership of 91.74 square meters of the above land (around 3,00 square meters) and the victim to transfer the ownership of 991.74 square meters of the above land on the same day, and received KRW 2 million in cash from the victim on the same day, and received KRW 36 million in total from the flood cooperation account in the Defendant’s name on three occasions.
Meanwhile, on October 24, 2003, the Defendant acquired ownership of the forest as above, and thereafter divided and merged the said forest with the victim on February 2, 2007, and confirmed E- 744 square meters of forest land (hereinafter “instant land”) as land subject to sale. As such, the Defendant had the duty to implement the procedure for the registration of ownership transfer with respect to the instant land to the victim.
Nevertheless, on December 31, 2012, the Defendant, in violation of the foregoing duties, provided the instant land as joint collateral and set up a collateral security with the maximum debt amount of KRW 22,200,000,000,000,000,000 for the Defendant as the Defendant’s children, by providing the instant land as joint collateral.
As a result, the Defendant acquired economic benefits equivalent to KRW 110 million, which is the amount equivalent to the security for the instant land, and suffered economic damages equivalent to the same amount as the victim.
2. Determination
A. According to the evidence duly adopted and examined by the court of this case, the defendant entered into a contract with C on May 15, 2003 with regard to 40,000 square meters of D forest land in e.g., the same as the facts charged, and received a total of KRW 38,00,000 from C on the same day. Thereafter, the defendant and C confirmed the land subject to sale from the above D forest as the land divided into the instant land around February 2007, and on the other hand, the defendant around December 31, 2012.