The defendant is innocent.

1. Around January 29, 2008, the Defendant stated that “A victim C shall be selected from the GSU NO3 Construction Site Co., Ltd. at the time of leisure, which is located in the YU N3 Construction Site at the time of leisure, and the proceeds will be divided if it is invested in the scrap metal business.”

However, even if the defendant receives money under the name of the scrap metal business, he thought that he will use it for a new type of bidding, etc., and even if he is selected as a business operator, he did not have the intention or ability to distribute profits through the scrap metal business to the victims.

The Defendant, on January 29, 2008, obtained the total sum of KRW 25 million from the victim C, KRW 10 million on February 28, 2008, KRW 10 million on September 12, 2008, KRW 50 million on November 28, 2008, KRW 10 million on May 7, 2009, KRW 205 million on five occasions, including KRW 10 million on May 7, 2009, KRW 9 million from the victim D, KRW 1 million on March 5, 2008, KRW 1 million on March 9, 2008, and KRW 3 million on November 3, 2008, respectively.

2. Determination

A. According to the evidence of this case, the defendant provided that "at least 50% of the right to engage in the scrap metal collection business may bring about a 50% share of the victims," and the defendant tried to collect 1/2 each of the parties and 1/2 each of the parties and 1/2 of the parties with the scrap metal collection business after the defendant was selected as a business operator for the first time in relation to the scrap metal collection business, and E was selected as a business operator for the second time in relation to the second time in relation to the scrap metal collection business, but the defendant was finally selected as a business operator for the second time in relation to the defendant's objection.