The defendant shall be innocent.

1. The Defendant is a lessor who is delegated with the authority to lease, etc. a commercial building No. 117 of Bupyeong-gu Incheon Metropolitan City D.

On May 13, 2011, the Defendant, within the “F Licensed Real Estate Agent Office” located in the neighboring area of Bupyeong-gu Incheon Bupyeong-gu, Incheon. On May 13, 201, the Defendant made a false statement to the victim G that “When concluding a lease agreement on the D Building 117, Bupyeong-gu, Incheon. D building 117, the security deposit for the right is KRW 30 million. However, the Defendant had reduced the security deposit for the right to KRW 10 million by talking well with the shop owner.”

However, in fact, the commercial owner did not demand that the commercial owner be able to receive the right deposit, etc. while leasing the commercial building.

On May 25, 201, the Defendant, by deceiving the victim as such, received KRW 10 million from the victim to the Defendant’s national bank account, and acquired it by fraud.

2. Determination:

A. The burden of proving the facts charged is to be borne by the prosecutor, and the degree of proof should be based on the evidence with probative value that makes the judge feel true beyond a reasonable doubt.

B. Of the evidence presented by the prosecutor in the instant case, the victim’s investigative agency and the victim’s statement in this court, each direct evidence, consistent with the above facts charged, to the effect that “The right deposit with respect to the above commercial building was reduced to KRW 10 million by talking well with the owner of the commercial building.” As such, the victim’s investigative agency and the victim’s statement in this court, each of which are directly evidence consistent with the above facts charged, to the effect that the victim made a false statement.

C. However, the following circumstances acknowledged by the records of the instant case, namely, ① the victim asked H to substitute for negotiations on all the expenses necessary for leasing the instant commercial building. Accordingly, H, which had negotiated with the Defendant, was present at this court as a witness, is from the Defendant at the time.