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The defendant shall be innocent.
Reasons
1. A. The summary of the facts charged in the instant case. The Defendant is the actual operator of B (State) on January 2013, 2013, the Defendant: (a) the victim F at the underground coffee shop at the headquarters of Seocho-gu Seoul Metropolitan Government D Building E in Seocho-gu, Seoul; (b) the Defendant obtained the right of vicarious sale from J of “Urban-type Residential Housing Construction Co., Ltd. (hereinafter “the instant Housing”) newly built in Seocheon-si I”; and (c) B, within the internal area, received the right of vicarious sale from H’s G.
The Republic of Korea, with the consent of H, requests KRW 100 million to transfer the K sale agency of this case to the party again. The sale agency authority is valid without problem, and if the new company is unable to exercise the sales agency authority properly, it will return the amount of KRW 100 million.
“The phrase “ was false.”
However, in fact, the Defendant had no means to receive the right to sell this case under the condition that he would pay KRW 300 million to H, or there was no means to pay KRW 300 million in the sale deposit, and the Defendant did not obtain G’s consent or consent to re-transfer the right to sell this case to the victim, and there was no means to return KRW 100 million to the victim in the event of a problem, such as the lapse of the right to sell this case transferred to the victim.
Nevertheless, on February 13, 2013, the defendant deceivings the victim as above and transferred KRW 100 million to the L bank account in the name of the defendant's wife to the victim.
B. On March 18, 2016, the Defendant stated that “Around March 18, 2016, the Defendant paid KRW 100,000,000,000 to the victim O at the Nho Lake of the Gangnam-gu Seoul Metropolitan Government MM building, the representative of theO, paid KRW 100,000,000,000,000,000,000,000,000,000,000,000,000
However, at the time of fact, even if the defendant received five million won from the injured party, he thought that he will use it for his personal purpose, and he will or ability to invest 100 million won in the injured party.