Of the facts charged in the instant case, the charge of fraud on August 9, 2017 is acquitted.

1. On May 30, 2017, the Defendant committed the crime of May 30, 2017, concluded to the effect that “A person who had given legal advice to “C” invested by the victim and the Defendant should lend the housing fund to “C.” The Defendant sent KRW 30 million to D as he/she is responsible for and returned within the Republic of Korea, and then would make payment without a mold.”

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it.

As above, the Defendant, by deceiving the victim as above, got the victim to transfer KRW 30 million to the E bank account in the above name D as a loan to the defendant on the same day from the victim.

2. On July 27, 2017, the Defendant, who committed the crime of July 27, 2017, lent KRW 120 million out of KRW 300,000,000 to the victim B, which was kept as the capital increase fund of “C”, to the victim B, the Defendant would be repaid at the time of payment of the capital increase on August 9, 2017.

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it.

The Defendant, by deceiving the victim as above, received KRW 120 million from the G bank account in the above F on the same day as the loan money from the victim, and received KRW 120 million from the G bank account in the above F on August 14, 2017, and paid KRW 50 million on or around August 16, 2017, and did not pay KRW 15 million on or around the 16th day of the same month, thereby acquiring property benefits equivalent to the above amount.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Witness D and B's respective legal statements, and the witness B's statements in the second trial records;

1. A protocol of examination of partial prosecutor of the accused;

1. The defendant and the defense counsel asserts that they did not have the intention to acquire by deception against the defendant at the time of the instant case.

In other words, this Court has duly adopted and investigated the following circumstances.