The defendant is innocent. The summary of this judgment shall be notified publicly.

1. On March 16, 2011, the Defendant made a false statement in the facts charged to the victim E at the Defendant’s office located in Gangnam-gu Seoul Metropolitan Government, to the effect that “A removal contract was concluded with the removal company with respect to the remodeling work of the F Hospital located in the Gyeonggi-si branch.” At the construction site, the Defendant purchased a large number of scrap metal.”

However, the defendant did not have any intention or ability to sell the scrap metal from the above site to the victim, even though he received money from the victim because he did not have any contract for removal.

On March 17, 201, the Defendant, by deceiving the victim, received KRW 50 million on the same day as the payment for scrap metal from the victim, and on May 3, 2011, by inducing the victim to transfer KRW 110 million to G designated by the Defendant and KRW 17.2 million in total to H, and by inducing H to transfer KRW 17.2 million.

2. The recognition of facts constituting an offense in a criminal trial ought to be based on strict evidence with probative value, which makes a judge not to have any reasonable doubt. Thus, in a case where the prosecutor’s proof fails to fully reach the extent that the defendant’s assertion or defense is inconsistent or unreasonable, it should be determined in the interests of the defendant even if there is suspicion of guilt, such as where the defendant’s assertion or defense is inconsistent or unreasonable.

(see, i.e., Supreme Court Decision 2010Do14487, Apr. 28, 2011). In light of the following facts and circumstances acknowledged by evidence, the evidence submitted by the prosecutor alone cannot be deemed as proven to the extent that the facts charged that the Defendant acquired money in the name of the purchase price for scrap metal by deceiving the victim is beyond reasonable doubt.

With respect to the entrustment of scrap metal in relation to the construction of the military F Hospital of this case, the Defendant and I (victims) as the contract deposit amounting to KRW 50 million, the balance of the contract amounting to KRW 50 million, and the date of work April 15, 201.