The defendant shall be innocent.

1. On May 2015, the Defendant, as the representative director of D Co., Ltd., a real estate trader, received a proposal from E to make him/her perform development activities on the forest and fields as a substitute for a floating mortgage obligation established on the forest and fields owned by the said company, and consented thereto. On May 20, 2015, the Defendant assumed office of E as the representative director of the said company.

E, after having taken office as the representative director of the foregoing company on March 22, 2016, on the part of the Seoul Mapo-gu Seoul Metropolitan Government F and the victim G office on March 22, 2016, entered into a contract to sell KRW 17,007 square meters of Gyeonggi-do H forest and 1652 square meters of forest land among the forest land owned by the said company, and KRW 661 square meters of forest land (hereinafter “the instant forest”) to the victim for KRW 32,00 million, and received KRW 40 million as the down payment on the same day, and KRW 30 million as the intermediate payment on April 21, 2016, respectively.

On the other hand, on April 18, 2016, the defendant was dismissed from office as the representative director of the above company on the ground that he did not pay off the collateral security debt established in the forest owned by the above company under the promise, and instead he prepared and implemented a written agreement to transfer other forest land owned by the above company to another person under the pretext of the agreement on criminal cases of Eul. On the same day, the defendant was dismissed from office as the representative director of the above company, and the defendant was appointed as the representative director of the above company on the same day, and then the defendant again operated the above company.

In the process of notifying E of his dismissal on May 1, 2016, the Defendant: (a) sold the instant forest to G and received KRW 70,000,000 from G while the representative director was in office; and (b) accordingly, (c) there was a duty to perform the registration procedure for the transfer of ownership of the instant forest at the same time as the remainder payment was received according to the above sales contract with G; (d) on June 17, 2016, the Defendant entered into a sales contract with L, located in Dongjak-gu Seoul Metropolitan Government K, to transfer the ownership of 10,000,000,000,000,000 won, including the instant forest and field, to L, under the name of J.