The defendant is innocent.

1. Around June 5, 2007, the summary of the facts charged of this case stated that the Defendant deposited the Defendant’s office in Yongsan-gu Seoul Special Metropolitan City V Building 306, and that “The Victim W shall deposit the Defendant’s first down payment with the Defendant to sell the scrap metal released at the time of removal to the Defendant for 500 million won.”

However, the defendant did not have the right to remove the above building from the executor, and there was no intention or ability to sell the scrap metal coming from the time of removal to the victim normally.

As above, the Defendant, by deceiving the victim, received KRW 110 million in total from the victim to the Agricultural Cooperative Account under the name of the Defendant under the name of the victim as the down payment for scrap metal sales, as well as KRW 50 million on June 5, 2007; KRW 50 million on July 31, 2007; and KRW 5 million on August 2, 2007.

2. At the time, the Defendant received money from the Y, the representative of the X-building reconstruction company, with the promise to grant the right to remove the building verbally, and then, the Defendant did not comply with the commitment because the AA selected as the contractor failed to obtain the right to remove the building by open bidding.

According to the witness AB's testimony, the witness AB was awarded the right to remove the X building as the representative of AC, the witness paid the defendant a sum of KRW 150 million on September 21, 2007, KRW 100 million on August 10, 2007, KRW 100 million on the same year, and the reason why the witness paid the above amount to the defendant at the time is interfered with the removal construction of the witness, so it was for resolving the part of the cost of the removal of the building and the cost invested by the defendant. However, the delivery of the above amount was made at the request of the Y, and it is recognized that the above amount was expected to be settled later with the Y side.