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The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. On May 10, 2005, the summary of the public prosecution, the Defendant, at the office of D Construction Co., Ltd. (hereinafter referred to as D Construction), the Defendant, working as a managing director, stated that “The Defendant would have the right to operate the boom restaurant at the construction site of F-type Factory Construction site in the Doksan-si Seoul Special Metropolitan City F-type Factory Construction Site built in D Construction.”
However, even if the defendant receives the deposit from the victim, he thought that he will be used for the personal purpose, and there was no intention to have the right to operate the restaurant.
As above, the Defendant deceivings the victim as above, and received 50 million won from the victim, namely, the money, as a security deposit.
2. The prosecutor brought a public prosecution of this case to the effect that he did not intend to have the right to operate the restaurant from the beginning because he thought that the defendant would use it for personal purposes even if he received KRW 50 million from E as a security deposit.
Therefore, I first examine the character of KRW 50 million that E was the defendant on May 10, 2005.
According to the records, D Construction was contracted from G Construction Co., Ltd. on April 14, 2005 for a new construction on the 9th floor of the 1st floor below the 1st apartment-type apartment-type apartment-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type.