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The defendant is innocent.
Reasons
1. The summary of the facts charged is the representative director of (ju)F established for the purpose of real estate development, finance, and consulting.
On April 2013, the Defendant: (a) made a false statement to the effect that “A victim I, who was implementing the freezing Logistics Center development project on the plot of land, other than the H of the wife population, at the Gangnam-gu Seoul Metropolitan Government Office; (b) paid KRW 200 million, such as KRW 100 million in the cost of financing funds and KRW 100 million in the basic service fee; and (c) on April 29, 201, the Defendant entered into a contract for the business operator and consulting service that received an investment of KRW 30 billion in the capital from financial institutions, etc.
However, even if the defendant concludes the above business operator's text and consulting service contract and receives the expenses or fees from the above victim, he did not have the intent or ability to procure 30 billion won in relation to the above business of the freezing logistics center development project.
Nevertheless, on April 5, 2013, the Defendant received KRW 5,00,000,000 from the above victim as one bank account under the name of K for issuing a letter of intent to lend the above logistics center, and KRW 1,00,000,000 in total, such as one cashier’s checks representing the face value of KRW 50,00,000 at the face value of April 29, 2013, and five cashier’s checks representing the face value of KRW 10,000 at the face value of KRW 10,000 at the face value of KRW 125,00,000 at the face value of KRW 14,500 on May 14, 2013.
2. The assertion and judgment
A. The gist of the assertion is that the Defendant: (a) knew that L, the actual management of the F Co., Ltd. (hereinafter “F”), was capable of raising KRW 30 billion to I; and (b) received money as stated in the facts charged from I according to L’s instructions; and (c) did not have any intent to commit fraud.
B. (1) L is a real estate company M (hereinafter “M”) from June 3, 2010 to July 3, 2012.