The defendant shall be innocent.

1. On September 1, 2007, the summary of the facts charged is as follows: (a) at the office of EAF located in Namyang-si, Namyang-si, the Defendant: (b) at the office of EAF located in Nam-si; (c) at the land owned by the Defendant and the site for the access to and parking lot of the building owned by the Defendant in Namyang-si; and (d) at the H indictment owned by the State, it is clear that some of the land and I ditches would be incorporated into the urban planning road; and (d) since some of the land and I ditches was planned to be incorporated into the urban planning road; and (e) the building was occupied and used without permission without permission, it was impossible to continue to be used as the parking lot or access road of the above building; and (e) even if the above building had already been illegally extended and it was no longer possible to legally extend due to the restriction on the floor area ratio, it can be used as the site for the access road and parking lot; and (e) after the above building, the main facilities can be installed at the site.

As such, the Defendant, by deceiving the victim, entered into a lease agreement on the above building with the victim, concluded the lease agreement, i.e., KRW 100 million from tin, and KRW 300 million from 30 million around September 3, 2007, by deceiving the victim.

2. Determination

A. First, we examine whether the Defendant had the intent to commit fraud or deception with respect to access roads and parking lot sites.

The following circumstances revealed in the instant case, namely, ① on September 1, 2007, the victim leased from the Defendant the land and building located in the Namyang-si, the Namyang-si, the Defendant owned (hereinafter “instant real estate”) with the lease deposit term of KRW 400 million from September 3, 2007 to September 2, 2010; ② the victim thereafter installed a kitchen facility in the instant real estate and operated a restaurant, and ③ the Defendant thereafter on July 9, 2010.