The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. The summary of the facts charged is the representative director of D Co., Ltd. (hereinafter “D”) and the victim E is the shareholder who holds 10,000 shares under the name of the Defendant.

On May 18, 2011, the Defendant made a false statement to the effect that “The Defendant would pay KRW 100 million to the victim upon the transfer of overall management rights, such as D’s stocks and stores, at the office of the Agricultural and Fishery Products Corporation located in Dong-gu, Dong-si, Dong-si, 136-gil 90.”

However, at the time, the defendant did not have any intention or ability to pay KRW 100 million to the victim even if he received the management right from the victim because there was no particular income or property.

Nevertheless, the Defendant received 10,00 shares in the name of the Defendant on the same day from the victim, 10,00 shares in the name of the victim’s wife F, and D’s store located in the H market located in the Guri-si, Guri-si.

After all, the defendant, by deceiving the victim, acquired pecuniary benefits equivalent to KRW 100 million.

2. Fraud is established by deceiving another person, making a mistake, inducing the act of disposal, thereby receiving property or making profits from property. Therefore, there should be causation between deception, mistake, and disposal of property. On the other hand, whether a certain act constitutes deception that causes a mistake to another person, and whether there exists a causal relationship between such deception and disposal of property should be determined generally and objectively in consideration of the specific circumstances at the time of the transaction, such as the situation of transaction, etc.

In addition, the establishment of facts constituting an offense in a criminal trial shall be based on strict evidence with probative value, which makes a judge not more likely to have any reasonable doubt, so in a case where the prosecutor’s proof does not sufficiently reach the degree of such conviction, the defendant’s assertion or defense may be made.