The defendant shall be innocent.

1. The summary of the facts charged is that the Defendant was a person who owned No. 303, E.C. 1, E.C.

On November 9, 2011, the Defendant entered into a lease contract with the victim F and the building at the “E Licensed Real Estate Agent Office” office located in Echeon-si, Echeon-si, with a deposit of KRW 20 million, and KRW 100,000 per month.

However, in fact, the above building was forced to commence compulsory auction from the branch court of Suwon District Court as of June 27, 2011, August 8, 2011, and August 31, 2011, and there was no intention or ability to return the building even if the defendant received the deposit from the victim.

Nevertheless, the defendant was committed as if he were to return the security deposit, and entered into a lease contract as above and received KRW 20 million from the victim as the same day security deposit.

2. Determination

A. According to the evidence duly admitted and examined by this court, the following facts are acknowledged.

① On November 9, 2011, the Defendant entered into a lease agreement with the Victim F with the content that the Defendant would lease KRW 20 million, monthly rent of KRW 100,000,000, and the term of lease from November 1, 201 to October 30, 201, under which the Defendant agreed to lease KRW 303,00,000,000,000.

(2) On the other hand, at the time of the instant lease agreement, the registration of the decision to commence compulsory auction (creditor I) was completed on June 27, 201 with the creditor Dae Young Port Co., Ltd. and the claim amounting to KRW 51,252,30, provisional attachment registration of KRW 51,252,300 as the creditor on June 27, 201 as the multi-family house with the above Carryover, and the registration of the decision to commence compulsory auction (creditor Dae Young Port Co., Ltd.) with the Suwon District Court with the Suwon District Court's branch branch on August 8, 2011 and the registration of the decision to commence compulsory auction (creditor I) with the Suwon District Court's branch on August 30, 201.

③ The registration of a decision on compulsory commencement of auction by the court below on August 8, 2012 was made on the ground of withdrawal on January 25, 2012; the registration of provisional seizure by the court below on June 27, 2011 was made on the ground of revocation; and the registration of provisional seizure by the court below on the ground of revocation on February 28, 2012.