The defendant shall be innocent.

1. The summary of the facts charged in the instant case is the representative director of the limited agricultural corporation C (hereinafter “C”).

C The building owner of “E” commercial buildings (hereinafter “instant commercial buildings”) of the 1st underground floor and the 5th floor size of the ground (22,606 square meters of the total floor area of the building) located in Naju-si, and the seller of buildings in lots shall file a report on the sale with the permitting authority under the Building Act when he/she intends to sell the buildings in lots.

Nevertheless, the Defendant entered into an agency contract for the sale of the instant commercial building with the FF Co., Ltd. (hereinafter “F”) on April 25, 2014 without obtaining a construction permit from the KB market, and G, the head of the FF’s sales headquarters, entered into the contract for the sale of the instant commercial building in accordance with the above agency contract for sale in lots at the I certified brokerage office located in H on May 7, 2014 under the above agency contract for sale in lots, and entered into an offer agreement with the J as to the above 112th floor in advance under the terms of the contract for sale in lots, and paid 40,305,000 won, which is 10% of the scheduled price for sale in lots, for the above 112th floor, as stated in the attached list of crimes, including entering into the sales contract for the commercial building as to the 112th unit of the building in lots.

Accordingly, the defendant conspired with G to sell a building without reporting the sale to the permitting authority.

2. Determination

A. The relevant legal principles and statutes 1) Articles 10(1) and 5(1) of the Act on Sale of Building Water (hereinafter “Building Sale Act”) are subject to punishment for “not making a sale report or selling a building by false or other unlawful means.”

The term "sale of buildings in units" in the Act on Sale of buildings in units means selling all or part of buildings constructed by a seller of buildings in units to two or more persons (the Act on Sale of Buildings in units).