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The defendant shall be innocent.
Reasons
1. The summary of the facts charged is that the Defendant: (a) around December 2010, at the office of licensed real estate agents run by the Defendant in Sungsung-si; (b) around August 2005, at the time of purchasing the forest and fields E and at around KRW 1 billion, the Defendant was liable to pay KRW 7 million interest per month; and (c) even if a licensed real estate agent’s office was invested in money from the victim, such as the state of enemy’s operation, he did not have the intent or ability to properly pay the investment principal and profits; (d) by calls from the victim F residing in China, to sell the land of four lots, such as Sungsung-si to purchase the land of the land of the Republic of Korea and sell it as a studio site; and (e) when investing KRW 400 million, he/she would pay the principal and profit KRW 1.70 million after one year and six months; and (e) by deceiving the victim from October 1, 201 to April 3015.
2. Determination
A. According to the Defendant’s partial legal statement, part of the witness F’s witness F’s legal statement, and the part concerning F’s statement among the police interrogation protocol submitted by the prosecutor on December 18, 2013, the police protocol on F’s interrogation protocol, the police protocol on F’s statement, the accusation statement, each account inquiry statement, the copy of passbook, and the copy of passbook’s statement, the following facts are acknowledged
(1) The Defendant and F agreed to the effect that “F invests KRW 340,00,000 to the Defendant, and the Defendant paid KRW 170,00,000 of the investment principal and profit to F within one year and six months following the progress of the business that developed and sells the said land as a studio site upon receiving a successful bid in the auction procedure with the said money.”
(2) Accordingly, F paid a total of KRW 340,00,000 to the Defendant from January 10, 201 to April 25, 2011.
(3) Around April 28, 2011, the Defendant acquired ownership of the said G, I, and J land through an auction procedure, but thereafter commenced upon the application of the Industrial Bank of Korea, the Defendant’s creditor.