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The defendant shall be innocent.
Reasons
1. The summary of the facts charged is that the Defendant, from around 2008, engaged in a business with C and operated D Co., Ltd. for real estate development (hereinafter “D”), borrowed money from another person to pay down payment and intermediate payment, and purchased land without funds by receiving a loan from another person as a security, and developed the land and revolving it.
On June 2008, the defendant is expected to develop and sell the F forest land, etc. in the victim E at the office of the police officer D in the middle of 2008.
After a year, the purport was that “Irddddd to make an investment in the money to pay the principal and profits.”
However, the above land is the land owned by the clan, and it was not possible to purchase the above land due to the dispute between the members of the clan from around 2008, and the development was not made. Since the defendant and C did not have any specific property, even if the defendant received money from the injured party, there was no intention or ability to repay the land together with the profit.
Nevertheless, on June 23, 2008, the Defendant: (a) received KRW 120 million from the victim, by deceiving the victim; (b) received from the victim to the agricultural bank account in the name of the Defendant; and (c) obtained KRW 30 million around March 11, 201, and acquired KRW 150 million in total, by deceiving the victim.
2. The Defendant and his defense counsel asserted that the Defendant received money from the injured party by soliciting the injured party to invest in the development project with respect to the F land and H land at the time of harmony and received money from the injured party, and execute the development project for each of the above lands in conformity with the
Since it invested in D, the defendant has no intention to commit fraud.
3. The intent of defraudation, which is a subjective constituent element of fraud, is the same as the financial history, environment, contents of the crime, process of transaction, relationship with the victim, etc. of the defendant before and after the crime, unless the defendant makes a confession.