The defendant shall be innocent.

1. On July 28, 2007, the summary of the facts charged stated that “The Defendant would pay the victim C a dump truck in a coffee shop located in the Daegu Northern-gu Eup/Myeon, Daegu-gu, stating that “if he purchases one transport business at present and leave the dump truck to another company, he may be paid a benefit by inserting it into the other company, and one million won per month.”

However, in fact, the defendant's company was unable to pay a large amount of debt due to economic difficulties, and even if dump trucks are provided by the victim because construction equipment cannot be operated due to disputes with neighboring residents, they did not have the intent or ability to pay the above profits.

The Defendant was transferred or delivered dump trucks totaling KRW 2,737,00,00 from the victim under the name of the purchase price of dump trucks and the repair cost.

Accordingly, the defendant was given property by deceiving the victim.

2. The gist of the defendant's and defense counsel's assertion argues that the defendant purchased dump trucks in the actual name of the victim, and that there was no benefit for the defendant to gain any profit, and therefore there was no intention to commit deception or fraud.

3. The following circumstances acknowledged by the evidence duly adopted and examined in this court, namely, the Defendant and the victim are friendly friendly friendly friendly friendly friendly ties, the Defendant, at the time of the instant case, operated F, a transportation chain E, and steel storage company, a steel storage company, and the Defendant recommended the victim to purchase a dump truck, with the fact that the Defendant did not have any profit that the Defendant gains by “to ensure that the Defendant operates the dump truck with the dump truck and receive the proceeds therefrom,” and the Defendant purchased the actual vehicle to the victim.