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The defendant shall be innocent.
Reasons
The summary of the facts charged is that the Defendant, around December 6, 2007, would take over the collection of earth and rocks from the Jeju-si (C) to KRW 200 million, and paid KRW 500 million in the name of contract deposit and intermediate payment. However, due to the situation where the earth and rocks collected at the above site do not have appropriate strength for carrying out a project, there was difficulty in attracting business funds to take over the above project.
1. Around April 2008, the Defendant: (a) on March 2008, the Defendant acquired almost a permit for collecting earth and stones from E at an infinite location; and (b) on the ground that the subcontract for soil and sand transport works occurred at the site was reduced, the Defendant made a false statement to the effect that the performance bond is 130 million won.”
However, the suspect did not fully take over the above business due to the shortage of funds, and it did not have secured customers to purchase earth and sand, which is the premise of soil and sand transportation. On January 8, 2008, the defendant entered into a contract with the F of another transportation chain and had already received approximately KRW 100 million performance guarantee, and the defendant did not have the intention or ability to reduce subcontracting even if he received money from E as the performance guarantee.
The defendant explain the above contents to the victim Eul and explain them to the victim Eul as investment money for the payment of the above performance guarantee, and the same year as of April 1, 2008.
4. 5 million won has been transferred to the National Bank Account in the name of each (No. H.), and then has been transferred to the account in the name of the suspect as a performance guarantee around that time;
As a result, the defendant was ordered to receive property from the victim by deceiving E.
2. Around January 19, 2009, the criminal defendant acquired earth and stone collection business from E at an influence place on January 19, 2009, and seized the business site.