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The defendant shall be innocent.
Reasons
1. On November 30, 2010, the Defendant concluded a real estate lease agreement with the victim about KRW 250 million with the victim and November 30, 2012 with the lease period from November 30, 2012 with the victim as to KRW 702,00,00,000,000,000 from the E office located in Suwon-si District D1, Suwon-si, Suwon-si, Suwon-si, Suwon-si, the Defendant’s summary of the facts charged, stating that “A real estate lease agreement was concluded with the victim during the lease period from November 30, 2010 to November 30, 2012, it is safe apartment even if 250,000,000,000 won was paid due to the loan from the bank, and thus, even if it was paid due to the construction of the newly-built apartment, it is impossible to display a copy of the registration certificate if it was later registered.”
The victim entered into a real estate lease agreement with the defendant at the end of the above false statement by the defendant, and immediately delivered the defendant 250 million won as the deposit money for the lease of real estate.
However, on June 29, 2010, the above apartment house was registered with the ownership prior to the transfer under the name of the defendant and the defendant's wife F, and on September 13, 2010, the debtor was F, and on September 13, 2010, the registration of collateral creation was completed for the maximum amount of KRW 835.2 million against the claims of the Bank of Korea (State) and the maximum amount of KRW 154.7 million against the Saemaul Bank in Seongbuk-dong, Seongbuk-dong, Seongbuk-dong, respectively. Since there was no other property owned by the defendant at the time, even if the defendant was delivered to the injured party, there was no intention or ability to return the deposit to the victim after the expiration of the lease term.
As such, the Defendant, by deceiving the victim, was given KRW 250 million under the name of the deposit money for the lease of real estate by the victim.
2. As to the defendant's main point of defense, the defendant's wife F and the defendant's wife G apartment G 1311-dong 702 (hereinafter "the apartment of this case") is the victim.