The defendant shall be innocent.

On March 4, 2006, the Defendant entered into a sublease contract with C on March 11, 2007 with respect to the first floor (141 square meters; hereinafter “instant building”) of the building E Commercial Building (141 square meters; hereinafter “instant building”) leased by C from the owner of the building, and operated an adult entertainment room with the trade name “F”.

On the other hand, the lease contract between D and C was concluded on March 10, 1997 and it was valid after implied renewal after March 9, 1999, and C sub-leaseed to the defendant with the consent of the lessor D around April 2006. Thus, the legitimate lessee of the above real estate was C, and the defendant merely was merely the sub-lessee, and the above real estate could not be sub-leased to other persons at his own discretion.

Nevertheless, the Defendant prepared a written contract to the effect that “The above adult entertainment room business is transferred to the victim by August 15, 2006 in a state where the said adult entertainment room is able to use the said real estate for the purpose of operating the game” on July 31, 2006 with the victim G who wishes to operate the said adult entertainment room in Jeju-do, while considering the circumstance that the said adult entertainment room business is changing the rent to sub-lease C due to the lack of standing, and that “the above real estate is transferred to the victim by August 15, 2006 in a state where the said real estate is able to be used and used for the purpose of operating the game,” the Defendant made a false statement to the effect that “the above adult entertainment room will be transferred to the victim by resolving all the problems, and

In other words, the Defendant received KRW 15 million from the victim as a down payment name in the above false statement from the victim and acquired it by fraud.

On July 31, 2006, a contract entered into with the defendant G on July 31, 2006 includes not only the transfer of facilities in the adult amusement room, but also the transfer or securing of the right to use or profit from the building of this case.

However, the defendant was merely a sub-lessee and it was not possible to know whether C, a lessee, gave consent thereto.