The defendant shall be innocent.

1. Around June 1, 201, the Defendant entered into an agreement with the victim E, the representative of the D Company, and the “G”, the multi-family house located in Busan F, to pay KRW 352,00,000 for the new building construction of the victim. After being paid KRW 335,00,000, the victim acquired pecuniary benefits equivalent to the value of the real estate by requiring the victim to immediately pay the remainder of the construction work if the victim’s provisional attachment was cancelled on September 18, 2012 without the intent or ability to immediately pay the remainder of the construction work, and by requiring the victim to cancel the provisional attachment on October 8, 2012.

2. According to the evidence duly adopted and examined by this court, the Defendant and the victim: (a) on September 18, 2012, the Defendant and the victim agreed to pay the remainder of the construction, etc. if the victims repair all defects in the building, the provisional seizure of the building was cancelled; and (b) on the part of the Defendant’s personal request for the examination of defects in the building in question, the appraisal procedure in the lawsuit filed by the victim against the Defendant for the payment of the construction cost still remains.

According to this, it is difficult to recognize the fact of deceiving the victim by stating that the victim would immediately pay the balance of the construction when the victim cancels the provisional seizure as shown in the facts charged of this case, and it cannot be deemed that the defendant has the obligation to pay the balance of the construction work first in the situation where the defect repair is not completed.

3. Accordingly, the instant facts charged constitute a case where there is no proof of crime, and thus, pursuant to the latter part of Article 325 of the Criminal Procedure Act.