The defendant shall be innocent.

1. On August 24, 2009, the summary of the facts charged stated in the facts charged by the Defendant at the “E Certified Judicial Scriveners Office” located in Gyeonggi-do Yangyang-gun D, that “The victim F was delegated by M, the owner of which was delegated the authority to sell the instant land, including H, former I, J, Forestry, K, and Forest (hereinafter “the instant land”).

However, on November 7, 2008, the Defendant entered into a contract to purchase the instant land from the said M with KRW 187,000,000,000, but did not pay the remainder of KRW 33,000,000 and did not transfer ownership. There was no fact that the Defendant was delegated by M with the authority to sell the instant land.

Nevertheless, the Defendant entered into a contract to sell 200,000,000 won the instant land to the victim as above, and received a total of KRW 150,00,000 from the victim’s agricultural bank account in his/her name on August 24, 2009, around 30, 2009, KRW 50,000,000 around October 30, 2009, and around January 11, 201, respectively.

2. As to the above facts charged, the defendant's defense counsel argues that the defendant's purchase of the present land from M does not constitute deception because it does not interfere with the victim's realization of rights.

Therefore, this paper examines whether the defendant committed deception and whether the defendant had the intention to commit the crime of defraudation.

The following facts revealed by the evidence duly adopted and examined by this court, namely, the Defendant purchased the land in the name of KRW 187 million from M’s agent N on November 7, 2008 under the O’s name, and paid KRW 154 million out of the purchase price to the above N on August 24, 2009, the Defendant intended to resell the land after purchasing the land from the above N, and the Defendant purchased it.