Of the facts charged in the instant case, the charge of fraud on April 13, 2012 is acquitted.

[Criminal Power] On October 18, 2013, the Defendant was sentenced to two years of imprisonment for a crime of fraud at the Seoul Western District Court, and appealed, and is still pending in the same court.

【Criminal Facts】

Around March 2012, the Defendant, with the trade name called BK and (State)BL, was requested by the victim BM to supply a medical device to the 'BO' that the her husband BN of the victim and the victim wanted to open.

The Defendant requested the victim to make an investment in (State)BK operated by the Defendant several times in the course of delivering medical devices to the hospital that the victim and BN want to open, and recommended the victim to take over the shares of (State) BK’s shareholder, but the victim did not accept the request. However, the Defendant stated that “If the victim wishes to be supplied with the equipment, he/she would remove the BP, who is the partner, and would lend the necessary money, he/she would repay by June 18, 2012.”

However, the Defendant had already established and operated (States) R and (States)J, but did not have any special profits, and Q has no intent or ability to repay the amount even if Q borrowed money from the victim, such as having a debt of at least 26 million won.

On May 4, 2012, the Defendant, by deceiving the victim as above, received KRW 50 million from the victim to the corporate bank account in the name of B Q under the name of B, such as the borrowed money, etc. from May 4, 2012 to May 25, 2012, and acquired it by defrauding KRW 145,131,651 in total on six occasions from May 4, 2012 to May 25, 2012, as shown in attached Table 2-7 Nos. 145,131,651.

Summary of Evidence

1. Each statement of witness BM among the second trial records and the third trial records, as well as witness BR;

1. Statement of BM in the protocol of examination of the suspect against the defendant;

1. The prosecutor's statement concerning the BM;

1. Facts, certificates of borrowing, and details of A financial transactions;

1. To apply investigation reports (Submission of tape-records), investigation reports (Investigation of BS for Witnesses), copies of written judgments, and statutes;

1. Article 347 of the Criminal Code as to the facts constituting the crime.