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Defendants are not guilty.
Reasons
1. Defendant A is the auditor of Plaintiff D (hereinafter “D”) established for the purpose of investing in real estate, and Defendant B is the representative director of the said corporation.
The Defendants at the above D office around July 2008, and the victim E can see a large amount of profit if the land located in the Y in Young-gu, Young-gu is well located in the location and is developed into the whole housing complex.
If necessary, the purchase shall be made by means of civil engineering works, and individual registration shall be made in installments after being developed as a whole housing complex.
“The phrase “ was false.”
However, in fact, the Defendants did not have any intent or ability to transfer full ownership after developing the said land as a whole housing complex, even if they received the sale payment from the injured party, since it was difficult for the Defendants to pay KRW 150 million for the costs of civil engineering works for the said land as well as for the employees’ benefits, due to the shortage of funds for the management of the said company.
Nevertheless, the Defendants deceiving the victim as above and received KRW 69,50,000 from the victim to the deposit account in the name of D as the sale price for the 100 square meters out of the above forest land, and acquired the total sum of KRW 596,14,600 through 24 times, as shown in the crime list in attached Table from around that time to October 2014 (the “G” out of the method of committing the crime 1st time appears to be the clerical error in H).
2. Determination
A. The summary of the facts charged in this part is that: (a) there was no intention or ability to transfer ownership to the victims after being developed as an electric housing complex due to the shortage of operating funds to the extent that it is impossible to pay the benefits of the D employees or the costs of civil engineering works; and (b) the summary of the facts charged is that the victims did not have any intent or ability to transfer ownership.
(2) However, the evidence submitted by the prosecutor alone is insufficient to acknowledge it, and there is no other evidence to acknowledge it.
According to the records, D Co., Ltd. I (hereinafter “I”) on April 6, 2012 and the land, such as J, Young-gu, Young-gu, Young-si.