The defendant shall be innocent.

1. On January 2012, the Defendant: (a) was engaged in sales agency and real estate sales business under the trade name of C Co., Ltd. (hereinafter “instant company”); and (b) made a false statement to the effect that “E, F, and G, who works at the instant company office located on the fourth floor of the building in Gangnam-gu Seoul Metropolitan Government, should deposit subscription money in advance at the customer’s view, and if the customer wishes to purchase real estate after paying subscription money, the subscription money shall be refunded to the customer immediately.”

However, even if the customer expresses his/her intention that he/she does not want to purchase real estate after receiving money in advance from the customer as the subscription price for real estate sale, he/she did not intend to refund the money to the customer

In such a way as above, the Defendant did not disadvantage the customer victim H, I, and J Defendant’s right to defense, and the “G” appears to be the clerical error of the “J”. As such, the Defendant revised the aforementioned false statement to the “J”, and accordingly, the Defendant received KRW 2 million from the victim H on January 18, 2012 as the subscription price for real estate transaction on January 31, 2012 from the victim I, KRW 1 million as the subscription price for real estate transaction on January 31, 2012 from the victim I, and KRW 1 million as the subscription price for real estate transaction on February 1, 2012 from the victim J to the national bank account under the name of the company of this case, respectively, and received KRW 4 million from the victim three.

2. Determination as to the establishment of a crime of fraud through the acquisition of borrowed money should be made at the time of borrowing. Thus, even if the defendant had the intent and ability to repay the borrowed money at the time of borrowing, if the defendant did not repay the borrowed money thereafter, it is merely a non-performance under civil law, and it cannot be said that a criminal fraud is established. On the other hand, the existence of the criminal intent of defraudation, which is a subjective constituent element of a crime, shall be determined by the refluence, environment, and crime, unless the defendant makes a confession.