beta
Text
The defendant shall be innocent.
Reasons
1. The summary of the facts charged is as follows: (a) on October 14, 2010, the Defendant arranged a real estate sales contract in which D clan sells 47,514 square meters and 49,587 square meters among 192,317 square meters of forest land in the wife population of the said clan to the victim E Co., Ltd.; and (b) around October 14, 2010, the Defendant received KRW 40 million from the representative director G of the said victim company to the said clan H in the name of a change in delivery from the said clan to the purchase price, and received KRW 60,000,000,000 from the Defendant’s female I account, and received KRW 20,000,000 from December 30, 2010.
After having kept the above KRW 60 million for the victim company, the defendant arbitrarily consumed the defendant's separate criminal procedure costs, living expenses, etc. in Suwon-si, Suwon-si, and embezzled the above KRW 60 million for personal purposes.
2. Determination
A. The following facts are acknowledged according to the evidence duly adopted and examined by the court.
① On October 14, 2010, a clan made an agreement with the victim E (hereinafter “victim E”) to sell KRW 47,514 square meters out of KRW 192,317 square meters of forest land in the wife-based F 192,317 square meters, as agreed money on the same day, to pay KRW 50 million for the same day within seven days after the completion of authorization, and KRW 85,500,000,000 for the down payment until January 13, 2012; while selling the remaining KRW 49,587 square meters of forest land in the above woodland 192,317 square meters of forest land in KRW 2.5 billion, the remainder of the agreement to pay KRW 10,500,000,000 among the above woodland 192,50,000,000 won until the completion of authorization and permission; and the remainder of KRW 5,100,510,000,00.
(2) At the time of October 14, 2010, the Defendant, H, and G drafted each real estate sales contract with a certified judicial scrivener office as of October 14, 2010, where the said forest land is 47,514 square meters and 49,587 square meters, as seen above, G entered into a contract with a certified judicial scrivener office as of October 14, 201; and G entered into a contract with a bank as of KRW 15,50 million with a direct payment to H on the same day after entering into the contract with a bank as of KRW 47,514 square meters.