The defendant shall be innocent.

1. The Defendant is a person who has operated a so-called so-called cafeteria at the site of the D Heavy Industries Construction Corporation in 1,000.

On December 3, 2009, the Defendant issued 40,000,000 won from the victim E (the 43-year-old) to the victim E (the 43-year-old) who had already placed the right to operate the brine restaurant of the brine bicycle plant in the F area, on the face of the 40,000,000 won.

However, in fact, the defendant did not have the intention or ability to transfer the right to operate the brine cafeteria to the victim because he did not have the right to operate the brine cafeteria in advance or there was no promise to acquire it in the future by the business entity.

Accordingly, the defendant received 40,000,000 won as the acquisition price for the right to operate the restaurant and acquired it by fraud.

2. In light of the judgment, there are E’s investigative agencies and legal statements and contracts as evidence corresponding to the facts charged, but the above evidence alone is insufficient to recognize the facts charged, and there is no other evidence to acknowledge it.

Therefore, the facts charged constitute a case where there is no proof of crime, and thus, the court acquitted the defendant under the latter part of Article 325.