The defendant shall be innocent.

1. Around February 14, 2011, the summary of the facts charged by the Defendant at the Office of Civil Engineering Design (hereinafter “the instant forest”) operated by the Defendant in Sungsung-si, the Defendant made a false statement that “E, the complainant, F, and the complainant represented by the Defendant G will obtain permission for development activities from e, the complainant who is the joint owner of the instant forest and fields D (hereinafter “the instant forest and fields”), and H will be subject to permission for development activities from e, the complainant, the complainant, and the complainant on behalf of the Defendant. The express restriction would immediately terminate the instant forest and fields. The authorization and permission will be accepted within six months. All necessary documents, etc. will be made to obtain the authorization and permission.”

However, since the above forests and fields were in areas where development activities cannot be permitted per se due to the restriction on permission, the defendant did not have any intention or ability to obtain permission for development activities on the above forests and fields.

On February 14, 201, the Defendant, by deceiving the complainants as above, received cash of KRW 40 million from the above office operated by the Defendant on February 14, 201 (hereinafter “the instant money”).

2. The following circumstances acknowledged by the evidence duly adopted and investigated by the court, namely, ① according to the design service agreement (hereinafter “instant contract”) signed by the Defendant with the complainant on February 14, 201 with respect to the authorization of development activities of the instant forest and field, the Defendant decided to return all the expenses and documents, including the down payment, paid by the complainants, if the Defendant fails to obtain the authorization and permission. The instant money was mentioned in the possibility that the authorization and permission of development activities of the instant forest and field would not be granted, and ② the main factor that did not obtain the authorization of development activities of the instant forest and field was due to the high limit, and whether it conflicts with the marking restriction is easily known before conducting the actual survey.