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The defendant shall be innocent.
Reasons
1. Summary of the facts charged
A. On May 2013, the Defendant, in breach of trust, entered the written indictment in the victim F bill of indictment as “G” in relation to the operation of Da (D) owned by 402, C. 402, but the “F” is clear and clear, and the amount of deposit (20,000 won) and the premium (9 million won) shall be borne by the victim, but the Defendant shall pay the monthly deposit (1.4 million won) and additionally paid the monthly proceeds to the victim (3 million won) and the victim shall receive the return from the lessor upon the expiration of the lease contract.
According to the above agreement, since the victim paid 20 million won to the lessor, the defendant violated his/her duty as a good manager to manage the claim for the repayment of the above deposit by the expiration of the lease contract term, despite the fact that he/she had the duty to manage the above claim for the repayment of the deposit, and thus, he/she would pay 10 million won to the bond business operator as security in the process of closing the above loan around December 2014.
As a result, the defendant acquired financial benefits equivalent to KRW 20,000,000, and suffered financial losses equivalent to the same amount from the victim.
B. On January 2, 2014, the Defendant made a false statement to the Victim F to the effect that “If a funeral service is not well-grounded, and a unpaid monthly tax is given instead of the unpaid monthly tax, all of them will be repaid later.”
However, in fact, the defendant had no particular property at the time, and not only did he operated smoothly, but also provided the claims to return the lease deposit to the above stores as security to the bond company, even though it had already been provided as security.