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The defendant shall be innocent.
Reasons
1. The summary of the facts charged is as follows: (a) at the E Licensed Real Estate Agent Office for D’s Operation in Macheon-si around November 28, 2013; (b) the Defendant, despite having expressed his/her consent to use the land equivalent to approximately KRW 165 square meters out of his/her own land (area 263 square meters) as an access road to G, which is a neighboring land owner; (c) the Defendant, without notifying it, could exercise without any particular restriction on the ownership of the said land, by deceiving the victim H as if he/she could exercise without any particular restriction on the ownership of the said land; and (d) entered into a sales contract with the victim with the price of the said land as KRW 50 million, and received the above KRW 50 million as the purchase price thereafter.
2. Determination:
A. On November 28, 2013, the Defendant, who was not notified of the fact of preparing and delivering a written consent to land use, sold in KRW 50,000,000,000 to the complainants of KRW 263 square meters (hereinafter “instant land”). The Defendant, who was the father of J, prepared and issued a written consent to land use to the deceased G, the father of J, who was the owner of I land adjacent to the instant land.
It is recognized that it has not been notified that the owner of another neighboring land, including B, prepared a “written consent to land use” so that the land of this case can be used as an access road.
B. On March 12, 2007, the Defendant purchased the above K’s 1,045 square meters (hereinafter “the instant land”) from the Defendant, and used the instant land as a passage for about six years. Accordingly, the neighbors around the area knew of the fact that they are passing through the instant land to enter the franchise as in the same manner as the complainant, and did not feel the need to separately notify the situation, and did not report it, but did not belong to a part of the complainant, and denies the criminal intent of deception.
C. (1) Preparation and issuance of a written consent to land use.