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The defendant shall be innocent.
Reasons
1. Around October 2012, the summary of the facts charged is as follows: (a) the Defendant, via an agent C, recommended the victim D to enter into a land development project between H, E, and F, the representative of the victim, on October 15, 2012, with the purport that “the second Defendant’s deception E and F, each 1/2 equity shares, is a probal land of G 89,785 square meters of forest land in Gwangju-si, the Gyeonggi-si, the second Defendant, and is 89,785 square meters of forest land and can be punished for a large amount of money upon completion of the development project.”
According to the above joint project agreement, the victim was able to loan the above land to 5,500,000,000 won as collateral and carry out the development project.
After that, the Defendant, through C, should purchase a separate land to be used as an access road to the said land, and concluded that 150,000,000 won should be paid preferentially.
However, the Defendant, as a non-permanent owner, only 1/2 shares of I forest in the Gyeonggi-si, Gwangju-si, was owned by the Defendant. ② The instant forest was established with the second priority mortgage of KRW 1,950,00,000 with respect to the maximum debt amount of KRW 1,50,000,000, and thus, it was difficult to obtain a loan as security. ③ Some of the money received from the victim was considered to be used for an individual purpose, and ④ did not purchase the land for the purpose of access to the said land. Even if the money was received from the victim, there was no intention or ability to develop the said land or purchase a separate access site for the development of the said land.
As above, the Defendant, by deceiving the victim as above, received KRW 150,000,00 from the victim, to transfer the amount of KRW 30,00,000 on October 11, 2012, KRW 70,000 on October 22, 2012, and KRW 30,000 on October 23, 2012, and KRW 150,000,000 on the total of KRW 50,000 on October 23, 2012, from the victim to the Agricultural Cooperative Account under the name of the J as designated by the Defendant, and acquired pecuniary benefits equivalent to that amount.
2. Determination
(a)be prosecuted in a criminal trial;