On August 11, 2010, the Defendant made a false statement that he/she would sell the above sowing machine to G who was requested to trade the 65 million won from the victim F, the representative director of the (ju) E, through C, who was in custody of the above digging machine owned by the Defendant at the original station near the original station located in Seongdong-gu, Seongdong-gu, Sungnam-si, Sungnam-si, and that he/she would sell the said digging machine to G, who was requested by the victim F, the representative director of the (ju) E, to trade the above digging machine to the 65 million won, and on the same day from the victim to the Defendant’s post account

8. 13. The above post office account received a transfer of KRW 45 million in total, including KRW 40,000,000, in the name of the part payments for the trade of the digging machines;

However, under the circumstances where the Defendant agreed to receive KRW 3,50,000 per month in the name of consolation money, etc. while living together with C, but did not receive the said money, even if the Defendant requested C to trade the above sofacing machine owned by the Defendant, and received the money from the victim, the Defendant would substitute the said money for consolation money, etc. agreed to receive from C during that period, and there was no intention to sell the above sofac

As such, the Defendant, by deceiving the victim, received 45 million won from the victim.

2. The defendant asserts that the defendant's gists of the defense does not include any omission of requesting or delegating C to sell sofacing machines as stated in the facts charged.

3. The following circumstances acknowledged by each evidence duly adopted and examined in the trial at the trial of the judgment, namely, at the time of the conclusion of the above search and seizure contract, that the defendant was involved in the contract or had no face-to-face or conversation with the victim, and that the defendant entrusted C with the power to sell the above search and seizure machine on behalf of the defendant.

There is no objective data to regard that there is a request for sale or that there is a copy of the resident registration certificate.