The defendant shall be innocent.

1. Around December 28, 2009, the Defendant: (a) drafted a sales contract with the victim E in the Design Office of “D” located in Seo-gu, Seo-gu, Chungcheongnam-gu; (b) purchased the said land from G, the owner of the said land; and (c) the victim made a false statement that he/she would complete the registration of ownership transfer on the said land if he/she fully pays the purchase price of the said land by March 31, 2010.

However, in fact, around October 15, 2009, the Defendant purchased the above land from G, the owner of the above land, and paid only the down payment, and the contract with G was likely to be terminated by November 15, 2009, which agreed to pay the intermediate payment, and there was no intention or ability to pay the down payment to G as part of the intermediate payment even after receiving the down payment from the victim.

Nevertheless, the Defendant received KRW 25 million in total from the victim, on the ground that he paid intermediate payments to G, and received KRW 10 million from the victim as down payment, and received KRW 5 million in total on February 4, 2010 as part of intermediate payment and KRW 10 million on February 5, 2010.

2. The record of this case reveals the following facts: (a) the Defendant entered into a contract with G around December 28, 2009 to purchase KRW 3.5 million of the purchase price of the Heung-gu H 446 square meters (hereinafter “the land before subdivision”) located in the Cheongju-si, Cheongju-si (hereinafter “the land before subdivision”); and (b) the Defendant entered into a contract with G to purchase the land before subdivision in the amount of KRW 1.35 million on the land before subdivision by dividing the land before subdivision into the land before subdivision by the site of each of the above buildings on December 23, 2009 upon delegation from G while constructing two buildings on the land before subdivision; and (c) the seller divided the land before subdivision into H large-gu, 248 square meters and 198 square meters (hereinafter “the instant land”); and (d) on December 28, 2009, KRW 1.356 million from G,000,000 on the date of subdivision; and