The defendant shall be innocent.

1. On May 30, 2015, the Defendant stated in the charge that “The Defendant shall transfer KRW 200 million to the victim B with the right to operate a brine restaurant in the construction site of Seongdong-gu Seoul Seongdong-gu Seoul Metropolitan Government New Apartment, on the main page.”

However, the defendant did not have the right to operate the restaurant at the construction site, so he did not have the intention or ability to transfer his right to the victim.

The Defendant, by deceiving the victim as above, received KRW 25 million from the victim, to a new bank account in the name of the Defendant designated as the down payment on the same day from the victim, and received KRW 145 million in total from the victim on June 8, 2015, such as receiving the check of KRW 120 million from the victim as the intermediate payment.

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

2. Determination

A. The Defendant asserted that the Defendant did not deceiving the victim on the ground that he did not say that the victim had the right to operate the boom restaurant at the construction site (hereinafter “instant site”).

In addition, when the Defendant was unable to transfer the right to operate the restaurant in the instant site, the Defendant paid the money received by the victim according to the victim’s will (hereinafter “the instant money”) to F as the down payment that takes over the right to operate the restaurant in the E construction site (hereinafter “Ulsan site”), so there was no intent to commit fraud.

B. The intent of defraudation, which is a subjective constituent element of fraud of the first legal doctrine, is to be determined by comprehensively taking account of 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, unless the defendant is led to the conviction that the facts charged are true to the extent that there is no reasonable doubt.