beta
Text
Defendants are not guilty.
Reasons
1. The summary of the facts charged in the instant case is the owner of D forest in Namyang-si, Namyang-si, and the Defendant B is the person who purchased the said forest land by borrowing the said forest land with the Defendant’s investment in KRW 7,000,000 together with the Defendant A and borrowing it as security.
Defendant
B Around April 1, 2002, at the F Authorized Brokerage Office located in Namyang-si, Inc., to enter into a contract with the real estate broker H to sell the said forest land at KRW 260,000,000 as delegated by the Defendant G with the authorization of the Defendant at the F Authorized Brokerage Office located in Nam-si, Namyang-si, and to sell the said forest land at KRW 260,000,000 for the same day down payment to the injured party through the above H, and part of part intermediate payment to the first police of the same month, KRW 20,
4. After receiving the partial intermediate payment of KRW 34,00,000 from each of the parties, around August 9, 2002, Defendant B’s loan of KRW 200,000,00, which was established as a right to collateral security in the above forest and field, was paid the full payment of the purchase price of the above forest and field. As such, the duty of the victim to perform the registration procedure for ownership transfer of the above forest and field was incurred.
Nevertheless, the Defendants conspired and did not perform the procedure for the registration of transfer of ownership by borrowing the issue of payment of income tax, etc., and received a loan of KRW 195,000,000 from the above Sungdong Credit Cooperative located in Seongdong-gu Seoul, Seongdong-gu, Seoul around February 18, 2014, from the above Sungdong Credit Cooperative around February 18, 2014, and at the Namyang-dong District District Court registry located in 158-4 of the same day at the Namyangyang-dong District Court located in 158-4 of the same day, in the above forest, the creditor Sungdong Credit Cooperative, the debtor A, the debtor, the debtor, and the debtor, the maximum amount of KRW 195,000,000 for the above claim amount, thereby causing financial damage equivalent to the above amount to the victim.
2. Determination
A. According to the evidence duly admitted and examined by this court, the following facts can be acknowledged.
① Only H is marked in the buyer’s column of the instant transaction agreement, and H is also the victim even during the content thereof.