The defendant shall be innocent.

1. On February 23, 2009, the Defendant stated in the facts charged that, at the D food house operated by the Defendant on the second floor of the Seo-gu Daejeon District Office, the victim E, “I will pay off the remainder of profit, excluding KRW 10 million, among profits, to the chief of the office who has been on a daily basis and who has been on a daily basis, with sales to the victim E: (a) there is a monthly sales to KRW 400-50,000; (b) if you loan only KRW 10,000,000,000,000, a signboard is replaced; and (c) if you re-open to a new customer, then he will appoint a new employee as a manager; and (d) the benefit would be repaid first as I would have a profit.”

However, at the time, the defendant had already been liable for a debt equivalent to KRW 100 million, and even if he borrowed money from the victim, he did not have the intention or ability to repay it.

As such, the Defendant, by deceiving the victim, received 10 million won as the borrowed money from the victim in the same place, and acquired it by deceiving the victim.

2. Determination

A. In light of the following circumstances acknowledged by the records, i.e., ① the Defendant and the victim first to be engaged in the same kind of business, and the victim appears to have invested KRW 10 million in the Defendant as the facility cost for signboards and other facilities; ② at the time, the Defendant had a debt equivalent to KRW 160 million, such as credit rating, but at the time, the Defendant was deemed to have been in a position to have been in excess of the liability, and ③ the Defendant was unable to pay the profit promised to the victim because it was not well-run, the Defendant agreed to pay the above KRW 2 million at the request of the victim to the maximum extent possible. In full view of the following circumstances, it is readily concluded that the Defendant had an intention to acquire KRW 10 million by deceiving the victim from the beginning.