사기
The defendant shall be innocent.
1. The facts charged in the instant case were as follows: “Defendant is the representative director of D Co., Ltd., the removal company. The Defendant concluded a contract on the removal of the 5th floor building in Busan, Nam-gu, Busan, with F, the actual operator of E Co., Ltd. (hereinafter “E”) around January 10, 2012. However, upon F’s request, the said contract was subject to the condition that Defendant lent KRW 100 million to F, within several days from the execution date of the contract. At the time, the Defendant was unable to seek KRW 100,000,000, which was extended to F, due to the lack of the capacity to seek KRW 100,000,000,000,000,000,000,000,000 won, which was 0,000,000,000 won, and the said condition was 0,000,000,000 won.
2. The defendant and his defense counsel asserted that, although the removal construction contract between E was not conditional, F unilaterally terminates the contract without justifiable grounds, the defendant merely failed to perform the contract with J and it was not deceiving the J.
Therefore, as a contract for the removal of this case is subject to a loan of KRW 100 million, the defendant is obligated to notify the J of the existence of the above contract terms and the possibility of its implementation.