The defendant shall be innocent.

1. In the instant charges, the Defendant is a person who arranged the sale of an apartment unit under the delegation of D, which conducts a sales agency business for the apartment unit C in the Yeongdeungpo-gu Seoul Metropolitan Government.

On December 2, 2011, the Defendant concluded a sales contract with the said apartment 203 303 dong 303 (hereinafter referred to as the “instant apartment”) and falsely concluded a sales contract with the said apartment 203 dong 303 (hereinafter referred to as the “instant apartment”) in the name of the contract deposit, and transferred KRW 3 million to the said D account as the contract deposit. The Defendant concluded a false statement with the purport that “When deposit KRW 10 million in the name of the additional contract deposit, the Defendant would receive an apartment as security and make it possible before the registration.”

However, even if the defendant receives money as the down payment from the victim, he did not deposit it as the down payment to the sales agency, but was thought to consume it as the defendant's sales intermediary fee, and at that time, he could not receive the scheduled loan from the financial institution, and there was no intention or ability to sell apartment to the victim normally.

Around December 9, 2013, the Defendant, by deceiving the victim, received five million won in total from the said account from a new bank account under the name of the F designated by the Defendant, and around December 10, 2013, five million won in total from the said account.

2. The Defendant and his defense counsel’s assertion of KRW 10 million is not actually a sales contract, but a commission for sales mediation. E concluded a sales contract on the condition of full loan of the sales price and did not receive a loan due to low credit. Thus, it cannot be deemed that there was the Defendant’s deception.

3. Determination

A. According to the evidence duly admitted and examined by this court, the following facts can be acknowledged.

E around October 2010, G apartment was sold in lots in the amount of KRW 270,000,000,000 among the apartment units around 20,000 and paid the sales price by borrowing KRW 225,00,000 among them.

D Around October 4, 2011, is an executor of Yeongdeungpo-gu Seoul apartment.