However, in fact, in order to move the above factory from the Gyeonggi-do Commercialization to C at the time, the defendant applied for a loan to the corporate bank and the Korea Credit Guarantee Fund in order to obtain approximately KRW 240 million from the Industrial Bank of Korea in order to transfer the above factory, and to pay it by issuing bills in an amount equivalent to KRW 200 million for the purchase cost of machinery while transferring the above factory, but the application for a loan is refused and the financial situation is difficult, and there is no ability to supply the goods as agreed even if it is paid by the victim.

The Defendant, as above, by deceiving the victim, received KRW 20 million from the victim around October 9, 2008 as the name of the purchase price of goods.

2. Determination

A. The establishment of facts constituting an offense in a criminal trial ought to be based on strict evidence with probative value, which leads a judge to have a reasonable doubt, insofar as the prosecutor’s proof does not sufficiently reach the extent that such conviction would lead to such a conviction, even if the defendant’s assertion or defense is inconsistent or unreasonable, it should be determined in the interests of the defendant, even if there is doubt of guilt, such as the defendant’s assertion or defense is inconsistent or unreasonable.

B. The evidence presented to this court and duly adopted alone is insufficient to find the Defendant guilty of the above charges, and there is no other evidence to acknowledge this otherwise.

Rather, comprehensively taking account of the following circumstances acknowledged by the witness F’s testimony and the evidence submitted in the instant case, the Defendant is the victim as shown in the facts charged.