The defendant is innocent. The summary of this judgment shall be notified publicly.

An application filed by an applicant for compensation shall be dismissed.

1. The summary of the facts charged is that the Defendant was the owner of the first and third above ground floor underground of the Busan Northern-gu E commercial building (hereinafter “instant commercial building”). On March 18, 2003, the Defendant was the owner of the instant commercial building, and on March 18, 2003, the Plaintiff secured the instant commercial building in the trust in the trust in the trust in the trust in the trust in the trust in the bankruptcy in the bankruptcy in

On August 2, 2013, the Defendant told the victim D to the effect that “Around May 2, 2013, the Defendant received an appraisal of the agreed amount of KRW 50 million on the first floor and third floor above the ground level E, E, and would allow a financial institution to purchase the said commercial building for KRW 7.5 billion by receiving a loan from the financial institution.”

However, in fact, from the 6th floor to the 3th floor above the ground including the instant commercial building, the public auction was conducted on February 2009, but the final bid price was less than 5.994 billion won, and the instant commercial building was located on the side and was not activated, so there was no possibility of receiving an appraisal of 18 billion won.

Therefore, even if the defendant received the agreed amount from the victim, he did not have the intent or ability to receive the ownership transfer by receiving the appraisal and the loan from the financial institution.

Nevertheless, the Defendant, by deceiving the victim as above, was issued a cashier’s check in the name of KRW 50 million under the pretext of a real estate transaction agreement.

2. The defendant and his defense counsel asserts that the defendant had no intention to acquire the transaction agreement money at the time when he received the transaction agreement money from the victim.

However, unless the defendant does not make a confession, the criminal intent of defraudation, which is a subjective constituent element of the crime of fraud, shall be determined by comprehensively taking into account the objective circumstances such as the financial history, environment, details and contents of the crime before and after the crime, and the process of transaction execution, etc. Meanwhile, the conviction is not likely to give a judge reasonable doubt.