The defendant shall be innocent.

1. On November 14, 201, the Defendant stated in the facts charged in the instant case that “A victim E wishes to purchase the said land from F to H, the owner of the said land, and during the civil engineering work on the said land, the Defendant already obtained permission for development activities and paid in full the intermediate payment of the said land, thereby making the ownership payment between KRW 533,00,000. The Defendant made a false statement to the effect that “I will transfer the ownership of KRW 120,000,000 to the said land, among the said land purchased from H as above, if he/she is unable to do so, at least KRW 10,000,000,000 for KRW 12,000,000 per week, if he/she completed the latest construction work, and then he/she would transfer the ownership of KRW 533,00,000 from the said land.”

However, in fact, the Defendant appears to have written indictment for down payment of KRW 300,000,000,000,000,000,000,000.

It was difficult to transfer the ownership of the above land to the victim as stated by the victim. He prepared a letter of waiver of the construction work to H, while performing the construction work, he borrowed approximately KRW 100 million of the bonds without any particular asset or profit, and borrowed approximately KRW 70 million of the bonds from H to the victim without any other asset or profit, and there was no intention or ability to repay the damage with its profit.

As such, the Defendant, by deceiving the victim, received KRW 10 million through the Defendant’s foreign exchange bank account on the same day from the victim, and received KRW 2,104,579 via the Defendant’s on-site director, and the “1” as written indictment on November 201 appears to be a clerical error of “11”.

17.In light of the fact, the victim has paid the sum of KRW 9,760,00 in the form of construction cost to the J, etc.

Accordingly, the defendant, by deceiving the victim, acquired a total amount of 21,864,579 won property interest.

2. Determination

A. The fact that the defendant and his defense counsel received KRW 10 million from E, the complainant (hereinafter “appellant”), but the down payment is recognized.