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Defendants are not guilty.
Reasons
1. Summary of the facts charged
A. Defendant B is the representative director of the Company I (hereinafter “I”); Defendant A is the managing director of the Company I; Defendant C is the person who works as the head of the legal office.
K Co., Ltd (hereinafter referred to as “K”) invested in Suwon-si L Apartment (hereinafter referred to as “instant apartment”), but it was impossible to sell 124 households among all 204 households, and eventually, around February 22, 2013, the instant apartment was made to acquire the debt and the third priority interest by concluding a management-type land trust agreement with the company for the instant apartment.
Since April 5, 2013, M Co., Ltd. (hereinafter “M”) acquired all the rights, such as the third priority right to benefit from the instant apartment from the J, following a bid according to the J’s public notice, and proceeds from the sale of the instant apartment by depositing the sales price for the instant apartment in the account designated by the Rose of Sharon trust from April 20, 2013.
On the other hand, Defendant B and A purchased the housing unsold in lots from J around April 12, 2013 among the 204 households of the instant apartment around April 12, 2013.
The N Co., Ltd. (hereinafter referred to as the “N”) and I prepared a sales contract between the N Co., Ltd. (hereinafter referred to as the “N”) and I, which purchases 50% to 55% of the total sales price of unsold households in lots.
However, on December 6, 2012, N drafted a purchase and sale contract of P and the apartment of this case in the position of the head of JO project, but P did not have any official relationship with J, as well as the letter of confirmation issued under the name of the J president attached to the purchase and sale contract is a forged document, and Defendant B and A did not have any confirmation as to whether N was actually delegated the power to the apartment of this case by J.
In addition, I paid N Contract Deposit on April 12, 2013, which is the date of preparation of the transaction contract, due to lack of financial resources.