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

1. The Defendant was sentenced to a suspended sentence of 8 months of imprisonment with prison labor for a crime of re-committing a breach of trust in the Daegu District Court racing support on December 8, 2010, and the judgment became final and conclusive on November 24, 2011.

[2] On April 18, 2008, the Defendant issued KRW 20 million as well as an illegal solicitation to request D to select an E company it operates as an executor of the C development project to be entrusted by the said association, to the head of the cooperative of the C Land Partition Business Association around April 18, 2008

7.1. Around the same year, the said union entered into an entrustment contract with the said union for the implementation of the project, which was notified of the cancellation of the contract on September of the same year.

Nevertheless, on May 12, 2010, the Defendant did not notify the victim H of the rescission of the contract at the G multilateral bank located in the F of the Republic of Korea on May 12, 2010, and did not falsely conclude that “I would have a business right as a trustee in the city, and would have a general meeting of the cooperative on the face of the State, so that I would have the business right delegated.”

The defendant deceivings the victim as above and concluded a joint implementation project contract with the victim, i.e., the victim, and received one copy of the check from the victim in the name of the expenses for holding the general meeting and acquired it by fraud.

2. Determination

A. Fraud is established by deceiving others, making them omitted in mistake, making them receive property or gain pecuniary advantage from an act of disposal thereby. The conviction in a criminal trial should be based on strict evidence that leads to the judge to have a reasonable doubt, and even if there is no such evidence, it should be determined in the interests of the defendant even if there is a doubt that the defendant is guilty.

B. According to the evidence submitted by the prosecution, the defendant, when entering into a joint implementation project agreement with the victim on May 12, 2010, received KRW 20 million from the injured party. However, the defendant is the victim as stated in the facts charged.