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The defendant shall be innocent.
Reasons
1. The summary of the facts charged is the person who served as the chief of the headquarters in C, a construction executor on the third floor of the building B in the Eastdong-gu.
At around 15:00 on August 26, 2018, the Defendant made a false statement to the victim E (ma. 63 years old) at the coffee shop (ma. 63 years old), which reads that “The Defendant would install a parking lot blockingr directly as if it was first installed by the construction company at the Jeju Myeon, with the cost of installing the parking lot breaker installed at the parking lot breaker.”
However, even if the money was received from the victim, there was no intention or ability to install a parking lot blocking system.
As above, around 14:00 on August 28, 2018, the territory received cash of 5 million won from the victim under the pretext of installing parking lots in the office of a parking lot in the office of the Busan East-gu D building in Busan-gu, Busan-do.
2. The defendant asserts that he was paid KRW 5,00,000 from E, but this is merely a payment to the defendant in order to correct the transfer of the parking lot operation right after E was discovered, and that it is not received as a ground for the blocking of underground parking lots.
The direct evidence corresponding to this part of the facts charged is only E's statement.
However, the following facts and circumstances acknowledged by the evidence duly examined by this court, namely, ① Article 9(1) of the parking lot management service contract entered into by the F Company and E, provides that “E shall not transfer to any other person the rights and obligations of this contract without prior approval of the F Company.” Article 12(1) of the Service Contract provides that if the F Company violates any essential part of the contract, the F Company may rescind the parking lot management service contract entered into with E; ② According to the witness G’s legal statement, G was aware that it was operated as a parking lot as an employee from the position employed by H, and therefore, H was in charge of the parking lot management service contract.