The defendant shall be innocent.

The Defendant, from March 30, 2006, was the representative director of the Dispute Resolution Co., Ltd. and the representative director of the Dispute Resolution Co., Ltd. from April 26, 201, and the victim D is the contracting party of the Jung-gu Incheon Metropolitan Government F apartment Complex G (hereinafter referred to as “instant commercial building”) purchased and sold by the Defendant from E Co., Ltd. around October 201.

On March 2013, the Defendant proposed that “A victim who was unable to seek a resale until the commencement of the registration of the instant commercial building, was unable to seek a resale,” and that “Around March 2013, the Defendant would transfer the registration of the instant commercial building, which would have paid the remainder of KRW 40 million after deducting the remainder of KRW 8 million in the name of the down payment and the intermediate payment already paid.”

However, in fact, the Defendant paid 25 million won to E Co., Ltd., which is 10% of the down payment and the first intermediate payment received from the victim, and used the remainder as the operating expenses of the company. Thus, even if the Defendant received 4 million won from the victim as the remainder, he did not have the intent or ability to transfer the registration of the instant commercial building to the victim.

The Defendant, as above, by deceiving the victim, received KRW 4 million from the victim for any balance on March 2013.

2. Determination

A. The Defendant asserted that the sales contract was concluded regarding the instant shopping mall G for the purpose of gaining profits from resale, and the Defendant was aware that only part of the down payment and intermediate payment was deposited into E Co., Ltd.

The victim paid 40,000,000 won in addition, and changed the object to H, I, and J, which is the Taekwondo store, as the victim was not well sold.

In order to guarantee the payment confirmation of KRW 40,000, the defendant prepared a contract for sale in lots to the victim.

B. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the court, the victim’s name and the commercial building of this case.