The defendant shall be innocent.

On June 13, 2016, the Defendant introduced the Dongdaemun-gu Seoul Metropolitan Government F-Public Notice Hostel (hereinafter “instant Public Notice Board”) that he/she operated with the victim E at the D Authorized Brokerage Office located in Jongno-gu Seoul Metropolitan Government (hereinafter “Seoul”) on June 13, 2016, and made a false statement to the effect that “the Defendant is 39 fire protection and buildings without any problems under the Fire Services Act, and would make it possible for the Defendant to conduct business immediately upon acceptance.”

그러나 사실 위 고시 텔은 방 34개로 소방점검을 받은 후 불법적으로 방을 39개로 쪼갠 상태였다.

Nevertheless, the Defendant, without notifying the victim of such fact without deceiving the victim, deceivings the victim as if it was legally possible for the public notice source to conduct business, and entered into a contract for transfer of the right with the victim, and received KRW 85 million as premium.

Judgment

The facts charged of this case is based on the premise that the defendant, who had been subject to a fire-fighting inspection on the number of 34 units of rooms, had been aware of the fact that the number of rooms has been illegally increased to 39 units.

However, the evidence submitted by the prosecutor alone is insufficient to recognize that the defendant was silently aware of the above facts.

Rather, in full view of the following facts acknowledged by the record, the Defendant appears to have transferred the above Gosiwon to E without knowing that the number of Gosiwons was illegally increased as above.

1. On May 2012, the Defendant, upon the introduction of G, etc., who was in the discontinuance of business, was a construction business operator, taken over the instant notification personnel, and immediately delegated G with the said remodeling project for the said notification personnel.

The defendant and G agreed to install 40 rooms in the above Gosiwon as the existing design drawing, but the number of rooms was reduced to 39 because the emergency passage due to the installation of air conditioners has not been secured during the construction process.