The defendant shall be innocent.

The Defendant is a person with no certain occupation.

On September 1, 2010, the Defendant made a false statement with the victim’s “E” office located in Dongjak-gu Seoul Metropolitan Government (56 years of age) that “The Defendant would return the advance payment received in advance if it would be paid first as advance payment, and if it is not possible to complete the payment of at least 70% of the internal key work, it would return the advance payment.”

However, the defendant did not have the intention or ability to work a prop.

On September 1, 2010, the Defendant received KRW 8 million from the victim to the Defendant’s bank account on September 1, 2010, and KRW 5 million from the same account on September 20, 2010, and received KRW 13 million in the name of the prop-working expenses.

Accordingly, the defendant was given property by deceiving the victim.

Judgment

1. The Defendant asserts that he received money from a prop set as stated in the facts charged, but the Defendant actually confirmed the intent to sell and sell the prop, and then reported the status of the prop set to the victim.

2. According to the evidence duly adopted and investigated, ① on August 31, 2010, the Defendant entered into a prop-work agreement with E Co., Ltd. to set up a prop-work agreement between E Co., Ltd. to receive a total of KRW 13 million under the pretext of land work expenses. The Defendant received money as stated in the facts charged. ② around September 28, 2010, the Defendant delivered D with the name and lot number of D, the report on the status of the prop-work in which the amount is written (in the face of 27 pages), ③ the investigative agency and this court confirm the intention and the amount of sale of the prop-owned prior to entering into the sales contract.