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The accused shall dismiss an application for remedy by the applicant for remedy of innocence.
Reasons
1. Around November 2007, Defendant, victim D, public prosecution, E, and F entered into a land purchase service contract with H and F Co., Ltd. for KRW 1 billion with respect to 7 lots of land outside Sungnam-si, Sungnam-gu, Sungnam-si.
Since then, the defendant and the injured party agreed to have 1/2 of the price and 1/2 of the price of E and F, the defendant and the injured party agreed to have 1/2 of the price, and around April 2008, the injured party entered into a land purchase service contract with H Co., Ltd. and the existing service price of KRW 500,000,000,000,000,000,000,000,000 won around November 2007 and around April 2008.
A. On June 16, 2008, the Defendant lent the victim’s amount of KRW 200 million to the Chairperson L of H (hereinafter “H”) of the Sung-gu JJ located in Seongbuk-gu, Sung-gu, Sungnam-gu, Seoul, to the victim (hereinafter “K”), before 20 years prior to the 20-year period, to receive the price.
In this regard, it made a false statement that the head of the Tong could not be used due to personal problems, so that (a) the person who is the law of the party (ju) came to be paid in the name of the head of the Tong, and thus, he/she has come to the entry of the passbook.
However, there was a fact that H made a transfer from the account in the name of H to the account in the name of I for the purpose of service payment under the contract for purchase of the above land, and there was no fact that it did not transfer the money to the defendant for the purpose of debt repayment
As can be seen, the Defendant shall make a false statement to the victim, and shall receive 50 million won as a check from the injured party on the same day, and shall obtain delivery of 50 million won as a check on June 17, 2008, which is the next day, from the victim.
B. On September 11, 2008, the Defendant, at the same place as indicated in Paragraph 1, by deceiving the victim in the same manner as indicated in Paragraph 1, and by receiving delivery of KRW 50 million as a check from the injured party on the same day.
2. 350 million won deposited in the passbook in the name of the Defendant’s assertion that the Defendant would have been paid not as part of the instant service payment, but as debt payment for KRW 410 million that the Defendant would have to receive from H.