The defendant shall be innocent.

공소사실 피고인은 2012. 12. 6. 경 서울 강남구 C 소재 자신의 집에서, 피해자 D에게 " 내가 C에 20년을 넘게 산 터줏대감으로 아는 사람도 많이 있고 다른 사람들 집을 많이 사 주었다.

C The house can be moved in later by amnesty.

E It is intended to enable the F to live in the house where the F is residing.

The phrase “the phrase was false.”

However, the defendant had no intention or ability to purchase the house in C even if he received money from the injured party because it is difficult to purchase another house in C as the F continuously resided in the above house at the time, and it was difficult for the injured party to purchase the house.

The Defendant received KRW 3 million in cash from the injured party as the down payment on the same day, and received KRW 20 million in advance each check and KRW 8 million in cash at the same place on April 4, 2013 as the remainder.

Accordingly, the defendant acquired 23.8 million won from the damaged person.

Judgment

The burden of proof of criminal facts prosecuted in a criminal trial shall be the prosecutor, and the conviction shall be based on the evidence with probative value, which makes the judge sure that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt of guilt against the defendant, it shall be determined with the benefit of the defendant (see, e.g., Supreme Court Decision 2002Do5662, Dec. 24, 2002). According to the records of this case, the health unit and the evidence submitted by the prosecutor alone, by deceiving the victim as stated in the facts charged of this case, by deceiving the defendant as stated in the facts charged of this case

There is no other evidence to prove that there is no other evidence to prove it.

Rather, according to the records of this case, the defendant delivered the money received from the damaged person to the owner of the F's house in E through the person "G".