The defendant shall be innocent.

1. Around May 15, 2013, the Defendant stated that “The Defendant would sell the victim E and the victim F to the victim Jincheon-gun G, H, I, and J forest owned in the Republic of Korea. In order to terminate the second priority mortgage right established in the forest and fields, 250 million won out of the purchase price, the Defendant made a false statement on May 15, 2013 to the victim E and the victim F. In order to cancel the second priority mortgage right established in the forest and fields.”

However, even if the defendant receives the above money, he did not have the intention or ability to cancel the second priority mortgage established in the above forest and to transfer the ownership of the above forest normally.

On May 15, 2013, the Defendant, by deceiving the victim, received KRW 250 million as the termination money of the right to collateral security around May 15, 2013, and received KRW 65 million in total as the down payment, and received KRW 315 million as the down payment on June 21, 2013.

2. Defendant’s assertion and judgment

A. The summary of the Defendant’s assertion is as follows: (a) the actual purchase price of the instant forest was KRW 650 million, following consultation with the complainants on the cause of KRW 900 million; and (b) the contract was completed with KRW 250 million, which is the difference between the actual purchase price on the date of the contract.

As stated in the facts charged, 250 million won is not paid for the cancellation of the second right to collateral security, such as the statement in the facts charged, and there is no false statement in such purport.

B. The following circumstances revealed by the evidence of this case, namely, the sales contract of this case was arranged by L, which operated the real estate brokerage business at the time of the operation of K, and the Defendant and the complainant consulted about the initial delivery or purchase price, etc. at K at the above time. However, the sales contract was prepared at the M, a M, a certified judicial scrivener office, which is not the above K, and was drafted at the place at the request of the complainant to be a certified judicial scrivener office. The sales contract of this case was received at the time of receipt of registration at a certified judicial scrivener office, which is not a general real estate sales contract form.