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The defendant shall be innocent.
Reasons
1. Summary of the facts charged
A. On December 30, 2010, D purchased from E an amount of KRW 2.4 billion in the amount of KRW 790.4 square meters in the amount of KRW 2.4 billion in the amount of KRW 3.19 billion in the construction cost of a new building on the site of a commercial building on March 9, 2011, but it was difficult to prepare the said amount of KRW 2.1 billion in the amount of loan incurred in the process, KRW 530 million in the amount of KRW 530 million in the debt acquired from E, and the said construction cost.
On March 201, the Defendant made an oral consultation with D to purchase the above commercial site and the commercial building in construction.
In order for the defendant to purchase the above commercial site and the commercial building under construction to sell the commercial building normally, he/she shall succeed to the above loans of KRW 2 billion and the debts of KRW 530,000,000,000 from D, as well as the above construction cost of KRW 319,00,000,000 and other accounts to D separately, and the defendant has to pay the above construction cost of KRW 319,000,000,000,000,000,000.
B. On May 201, the Defendant stated that “The Defendant would sell the first floor area of the commercial building constructed on the commercial building site to KRW 40 million in the amount of KRW 600 million,” and that “The Defendant would make a registration of transfer of ownership after the completion of the building, if the purchase price is a week, after completing the construction of the building.”
However, in fact, the Defendant became a bad credit holder in 2009 and did not have a certain amount of income, and not only did he did not have any cash in possession, but rather had a debt of KRW 70 million borrowed from the injured party in around 2010. There was no specific plan to raise the purchase price and the construction cost of the commercial building, and there was no intent and ability to sell the commercial building even if he received the purchase price from the injured party.
Accordingly, on August 8, 201, the Defendant entered into a sales contract for D and commercial premises around 201.6 billion won.