The defendant is innocent.

1. The summary of the facts charged is that the Defendant, on February 2009, sent a phone call to the victim C, thereby allowing the victim to use the house by changing the form and quality of the D land purchased by the Party to the present forest conservation zone, and because there is a beer for domestic viewing.

“.......”

However, even if the defendant receives money from the injured party, he did not have any intention or ability to change the form and quality of the victim's land so that housing construction can be made.

As above, the Defendant: (a) by deceiving the victim; (b) granted KRW 4 million to the Agricultural Cooperative Account under the name of the Defendant on April 22, 2009; (c) KRW 4 million in cash on April 27, 2009; and (d) million in cash on April 27, 2009; and (c) granted KRW 2 million to the Agricultural Cooperative Account under the name of the Defendant on May 3, 2010, under the name of the public official’s revolving entertainment expenses and incidental expenses; and (d) KRW 200,000 to the

6. 21. It was delivered to the same account in the aggregate of KRW 12 million.

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

2. Determination

A. The gist of the Defendant’s assertion was that there was no deception by deceiving the victim by saying that “I would allow the victim to live in a house by changing the form and quality of his/her house because he/she might be engaged in viewing.”

The amount of KRW 4 million that the defendant transferred from the victim on April 22, 2009 to the account is the price for installing access roads after obtaining authorization and permission so that he/she can build a mushroom farming shed on the instant land owned by the victim.

In addition, on April 27, 2009, the defendant has not received 4 million won from the injured party in cash.

The amount of KRW 4 million paid by the defendant on May 5, 2010 and June 2010 corresponds to the survey price and the construction price for the access road construction of the access road to E land when the victim is aware of the ownership of the victim.

B. (1) Fraud is established by deceiving another person to make mistake, and inducing a dispositive act to receive property or gain pecuniary advantage. Such deception, mistake, and property disposal act is established.