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The defendant shall be innocent.
Reasons
1. The summary of the facts charged is the representative director of the C&C company following the following:
around August 8, 2011, the Defendant concluded a sales contract for the said real estate with the victim and received KRW 40 million in cash as a down payment from the agricultural cooperatives located in Yangyang-dong, Yasan-si, the Defendant received KRW 10 million in cash as part of the down payment from the victim on September 8, 201, by stating that “The entire building and the land land in Yasan-si, E shall be sold in KRW 1.2 billion.”
However, following the conclusion of a sales contract with the victim as above, the Defendant came to know that the amount of tax would be KRW 300 million when selling the said real estate. From the end of September 2011 to the beginning of October 2011, the Defendant made a false statement to the effect that “The portion of the entire building and land used by FF company for rent shall be leased KRW 150 million, KRW 150 million, KRW 150 million, KRW 1500,000, and KRW 500,000, and KRW 500,000,000, and KRW 5,000,000.”
However, at the time, the part that was leased and used by a F company, such as 1, 200, among the above real estate (such as 80.4mm2, 2009 m2) and the above real estate, was leased to F company for a period of two years around August 2009. Since the Defendant, a lessor, did not raise an objection within the extended period after the expiration of the lease term, the lease contract was implicitly renewed, the lease contract was made in a state that it would not be ordinarily leased even if concluding the lease contract with the victim.
Accordingly, the Defendant, by deceiving the victim and by deceiving the victim, obtained 50 million won as the down payment according to the sales contract around September 8, 201, by converting the contract deposit into part of the deposit under the lease contract.
2. According to each evidence submitted to this Court for examination, the Defendant submitted to this Court for examination, and the victim on September 8, 2011.