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The defendant shall be innocent.
Reasons
1. The summary of the facts charged is the owner of the building located in Incheon-gun B and C, and from around 2005, the Defendant operated D Kap (hereinafter the above building referred to as “Kap building”) in the building located in the above B, and operated the E Kap (hereinafter the above building referred to as “the pentp building”) in the building located in the above C.
The Defendant around February 7, 2015, in the instant car page, “The two buildings located in the above B and C owned by the Defendant are all legitimate buildings, and is currently being operated upon obtaining pension permission.”
The term “a deposit of KRW 10 million is 1,200,000 and KRW 16,000,000,000,000,000,000 won, so as to be leased for a period of five years, so that pents can be operated normally.”
However, in fact, the instant carpet building is an illegal building extended without permission. Since the instant carpet building is an illegal building exceeding the building-to-land ratio, the Defendant was virtually unable to normally operate the instant carpet building from around 2007, and all of the instant carpet and the instant carp building were not able to grant a pension permission without changing the purpose of the building due to the Class II neighborhood living facilities. In addition, in order to change the purpose of the building, the aforementioned illegal matters (unauthorized extension and building-to-land ratio) should be prior to the correction of the foregoing illegal matters (in excess of the building-to-land ratio). Thus, even if the Defendant received money from the victim, the Defendant did not have any intent or ability to enable the normal operation of the instant carpet building as promised by the victim.
On February 24, 2015, the Defendant: (a) by deceiving the victim as above; and (b) received cash KRW 16 million from the damaged party on or around February 24, 2015 as the deposit money for lease and rent for five months.
Accordingly, the defendant was given property by deceiving the victim.
2. The key issue of the instant case is ① the Defendant’s instant car page around February 7, 2015.