The defendant shall be innocent.

1. The summary of the facts charged stated that, around April 27, 2009, the defendant was a person who had worked for the general affairs of the clan C (hereinafter referred to as the "the clan of this case"), and that at the D hotel coffee shop located in the Dongcheon-si, the defendant met the victim G who was asked for the owner of the F land (hereinafter referred to as the "the land of this case") in order to secure access roads for the reason that the land is franite to the owner of the land of this case (hereinafter referred to as the "land of this case"), and the victim only stated that "the land of this case is owned by the clan, the registered titleholder of this case is a title trust, and actually has all rights within the general affairs of the clan. It would be possible to use the land as the access road of this case if the land is in the amount of money of KRW 10 million."

However, in fact, the defendant did not have obtained consent from the members of the clan to use the land for the victim through the general meeting or the executive meeting of the clan members, and even if there was a dispute between the members of the clan in relation to the land at the time, it did not notify the victim of such circumstance and did not make it possible for the victim to use the land without any problem.

Ultimately, the Defendant, by deceiving the victim as such, received KRW 10 million from the victim, namely, a delivery of said KRW 10 million.

2. 판단 이 사건 기록에 의하여 인정되는 다음과 같은 점들, ㉠ 피고인은 이 사건 종중의 총무로 이 사건 종중에 관한 실무적인 일을 맡아서 해 온 점, ㉡ 이 사건 토지를 피해자에게 사용 승낙해 줌에 있어 이 사건 종중의 전임회장이던 I, 당시 회장이던 J 등 이 사건 종중 원로 5-6명과 상의하였던 점, ㉢ 이 사건 종중 내부에 갈등이 있기는 하였으나 이 사건 종중의 대표가 변경된 것은 2009. 7. 또는 8.로 이 사건 토지를 피해자에게 사용승낙해 준 이후인 점, ㉣ 당시 이 사건...