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The defendant shall be innocent.
Reasons
1. From September 19, 2007, the Defendant, along with C, D, E, and Victim F, promoted the establishment of the “H memorial hall” located in the Gun G in Jeonnam-gun, Chungcheongnam-do (hereinafter “instant memorial hall”).
On December 23, 2010, the Defendant concluded that “Around December 23, 2010, the Defendant would transfer 10% of the shares in the building, land, and sale business rights of H, to L (victim’s wife) no later than December 23, 2010, instead of paying 500,000 won to the previous victim on the part of the owner of the JA’s office located in the JAD branch, located in the Seoul-U.D., the Defendant agreed to pay 150,000,000 won to K by subrogation.”
However, at the time of fact, the Defendant was liable for the above investor E with approximately KRW 1.22 billion as well as the amount of KRW 1.2 billion worth of KRW 1.2 billion. The Defendant was paid for the above investor E with the obligation of KRW 1.2 billion as well as the amount of KRW 1.2 billion, and the Defendant was paid for the payment of the construction price of KRW 1.2 billion with the right to sell the design within the memorial hall because the Defendant was unable to pay the construction price of the above memorial hall appropriately. As such, even if the Defendant paid for the Defendant’s obligation to K, it was thought that the purchase price of the salary within the memorial hall was used for the above obligation and personal purpose, and there was no intention or ability to transfer the victim’s share of KRW 10 billion
Nevertheless, the Defendant, by deceiving the victim as above, had the victim take over the Defendant’s liability of KRW 150 million against K on the same day, thereby acquiring pecuniary benefits equivalent to the same amount.
2. The instant public prosecution, based on the premise that there was a deception by the Defendant, such as the description of the facts charged, is that the Defendant obtained the pecuniary benefits that would exempt the Defendant from the obligations owed to K.
Therefore, the above two issues are examined in order. A.
Whether there exists a deception by the Defendant or not, F, the victim of the instant facts charged, is the Defendant.