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The defendant shall be innocent.
Reasons
1. On April 15, 2014, the summary of the facts charged is that “The Defendant, at the office of (ju) the operation of the Defendant in Songpa-gu Seoul, demanded the Victim G, a F operator, to pay the amount to be paid in return for the conclusion of the contract, as design expenses, partnership operation expenses, etc. are required” to the victim G, who is a parent company of the F, to conclude a joint agreement with I on November 2, 2013. In concluding the contract for construction work with the EE at the same place on July 15, 2014, the Defendant demanded that “The Victim G, a F operator, has the authority to select the contractor as the contractor.”
However, in fact, the above union confirmed that the resolution of the general meeting held I as the president of the partnership on November 4, 2013 was invalid due to the failure to meet the quorum, and that K was elected as the president of the partnership, and therefore on April 2014; and
7. At the time, I was not the president of the partnership, and the said joint venture agreement was concluded retroactively on November 2, 2013 with the seal impression of the president of the partnership that I had not returned on February 2, 2014. However, the Defendant was aware of this fact from around November 2, 2013, and the suspension of the performance of duties against K was intended to use the money received from the injured party for the expenses of the disposition lawsuit. Therefore, even if I concluded a contract with the victim and received money from the Corporation, there was no intention or ability to permit the victim to work.
The Defendant received a total of KRW 120 million from the injured party on July 22, 2014, KRW 50 million around July 31, 2014, and KRW 70 million around July 31, 2014, and fraudulently acquired KRW 120 million.
2. Determination
A. On November 201, 2013, the facts charged of the instant case had already been aware of the fact that I was not the president of the association of H’s original commercial building reconstruction association (hereinafter “the instant association”). Even if I received money from the injured party, I had the intent to use the suspension of performance of duties against K as litigation costs, such as disposition, and under the premise that I had the intention of deception.
(b).