The defendant shall be innocent.

[Public Prosecutor's Office] The defendant is a person who operated D Co., Ltd. for the purpose of selling alcoholic beverages in Busan Seo-gu.

On January 1, 2009, the Defendant borrowed KRW 100 million from the victim E on the condition that he is employed as the employee of the Defendant as the employee of the Defendant, and the victim demanded the repayment of the loan while retiring from D, but the Defendant was not able to repay the loan, and on May 17, 2012, the Defendant seized the above KRW 100 million with the Busan District Court 2012Kahap951 (CreditorF) as the preserved bond, on May 17, 2012, with the Busan District Court 2012 (hereinafter “instant real estate”).

On November 5, 2012, the Defendant stated to the effect that “The Defendant would complete the payment of KRW 100 million, 100,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won

However, there was no intention or ability to pay 100 million won to the victim even if the victim cancels provisional seizure due to the default of national taxes, etc.

Around November 6, 2012, the Defendant, by deceiving the victim as above, had the victim cancel a provisional attachment established on the above building and the land, thereby acquiring property profits equivalent to the above KRW 100 million preserved by the provisional attachment.

【Trademark】

1. In the event that a provisional attachment is cancelled to the victims E, there is no statement that they will obtain a loan as security, and only there is a fact that the defendant sold the shares of Co., Ltd. D, which he owns, to repay the amount of money borrowed from the victim. In lieu of the provisional attachment cancellation, the provisional attachment was set up against the victim the right to collateral security.

Therefore, the intention of deception and deception cannot be recognized, so the innocence should be pronounced.

2. The following circumstances, which are acknowledged as the result of the determination and the examination of evidence, are ①.