However, in fact, the above H representative of the above G and the victim intended not only to deliver the money received from the victim as operating funds to the said G, but rather to use the money received from the victim as personal living expenses, etc., because there was no fact that the above H discussed about the grant of operating funds to the said G in return for mediating the right to transport tin between the H representative of the said G and the victim.

Around December 5, 2011, the Defendant, by deceiving the victim, received KRW 40 million from the victim to the Agricultural Cooperative Account in the name of the Defendant’s father-child.

2. After acquiring the right to transport rocks from G, K acquired the right to transport rocks from the Defendant and his defense counsel, and thereafter, K lent the above deposit amount of KRW 40,00,000,000 from the money to be paid to G. However, K decided to take over the above loan obligation against the Defendant in return for transferring the above right to transport rocks, and E paid KRW 40,00,000 to the Defendant in compliance with this, there was no fact that the Defendant acquired the above loan obligation from E by means of a false statement to the effect that the Defendant arranged the loan, as in the facts charged.

3. Determination

A. According to the record of recognition, the following facts can be acknowledged.

1 H, a co-representative of G, refers to the Defendant’s introduction of an enterprise that is entitled to grant rocks transport rights accompanying soil works among the construction works of Incheon Urban Railroad 207 Section 20, which is ordered by G, among the construction works of the Incheon Urban Railroad 207 Section, and the Defendant is the Defendant.