The defendant shall be innocent.

1. On January 17, 201, the Defendant, at the Seoul Northern District Court located in Dobong-dong 626, Dobong-gu, Dobong-gu, Seoul, and even if the Defendant participated in the auction goods bidding under the name of the Defendant, the Defendant notified the Defendant’s agricultural bank account to the effect that “If the Defendant borrowed money to receive a bid bond from the 10th, the 11th, and the 11st, the 11th, Syna (hereinafter “the instant private loan”) from the 10th, the 11st, Syna (hereinafter “Syna”) of the victim’s agent, who had no intent or ability to repay the amount borrowed from the 3rd party’s bid bond to the 3rd party’s agent who received instructions from the 10th, the 11st, and the 4th, if the 3rd party is unable to receive the bid bond, he will immediately receive the bid bond.”

The Defendant, by deceiving D as such, received KRW 69 million from the victim via the Agricultural Cooperative Account (Account Number:F) in the name of the Defendant on the same day.

2. According to the evidence of determination, D transferred KRW 69 million from the G account in January 17, 201 to the Defendant’s agricultural bank account, and on the same day, the Defendant used the above KRW 69 million as a deposit for an application for purchase at the auction procedure on the instant private letter in the auction procedure on the same day.

However, according to the records, ① the instant private letter was operated by H, but when the auction procedure was in progress with respect to the instant private letter, H proposed the Defendant to jointly operate the instant private letter upon the Defendant’s payment of the deposit amount corresponding to 10% of the purchase price, and the Defendant agreed to purchase the private letter in the name of the Defendant. However, as the Defendant did not prepare a part of the deposit for purchase even until January 16, 201, which is the day immediately before the sale date, even if the Defendant did not prepare the remainder, H made a telephone to C on January 16, 2011.