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The defendant shall be innocent.
Reasons
1. On April 2010, the Defendant entered into a sub-lease contract with the victim D to use the site and building of the aforementioned factory as a security deposit of KRW 10 million, monthly rent of KRW 1 million, and two years (from April 13, 2010 to April 12, 2012) at a factory managed by the Defendant C at the time of the instant facts charged.
However, the president E, who operated the above factory on March 21, 2005, leased the site from the owner F of the above site, but around 2007, the defendant escaped due to the failure to pay the factory, and the defendant used the factory with the F's permission under the pretext that he would pay the smuggling rent while running the above factory.
However, the defendant could not pay employee's wages because of the difficulties in the operation of the factory, and since the rent has continuously been paid or is equivalent to 26 million won and various public charges sealed are equivalent to 7 million won and has no choice but to drive away from the above site at any time, the defendant would be able to use the factory site normally or have no intention or ability to return the deposit money in return for money from the victim as the deposit for sub-lease.
Nevertheless, the Defendant, as if he were to get a sub-lease normally, was accused of the victim and was transferred 10 million won as the deposit for sub-lease on April 30, 2010.
2. Determination
A. The following facts are acknowledged according to the evidence duly adopted and examined by this court.
1) On March 21, 2005, the Defendant leased the chemical C factory from F with E as one year of the contract term, and used it every year after renewal (E runs away due to difficulties in factory operation around August 2007, and thereafter managed it as neglected.
(A) A sub-lease contract between D and D around April 2010, to use the site and building of the above factory as a security deposit of KRW 10 million, KRW 1 million per month, and two years of sub-lease (from April 13, 2010 to April 12, 2012).