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

1. The summary of the facts charged stated as follows: (a) around January 2012, the Defendant stated that “A victim C is equipped with a high-built factory in Cheongyang-gun, Chungcheong-gun D and operates E with an investment of KRW 200 million, the Defendant will share 20% of E’s equity and distribute operating profits.”

However, in fact, the defendant did not operate alone, but did not have the intention or ability to divide E's shares and distribute the profits therefrom, even if he received the investment funds from the victim, because it was intended to use the investment funds as a personal user by attracting investment funds in F and using them as E's purchase price.

The Defendant, upon receiving from the victim the amount of KRW 14 million on January 17, 2012, KRW 10 million on January 21, 2012, KRW 10 million on January 21, 2012, and KRW 45 million on March 1, 2012, by fraud.

2. Determination

A. In a criminal trial, the conviction of guilt ought to be based on evidence of probative value, which leads a judge to have a conviction that is beyond a reasonable doubt, to such a degree that the facts charged are true. Therefore, in a case where the prosecutor’s proof fails to sufficiently reach the degree that such conviction would lead to a defendant’s interest, even if there is a suspicion of guilt, the determination is inevitable.

B. According to the records, even if the Defendant received the investment money from C, it is recognized that the Defendant prepared a joint document with the following contents around January 2012 and delivered it to C, despite the lack of the ability to divide E’s shares and distribute the profits therefrom.

A : Representative A : A : A 200 million won in cash shall be invested in the company E of subparagraph (A) in the case of Article 1 (C) following the representative H et al.

§ 2: (A) At present, 20 per cent of the total equity interest of the E shall be paid to (B).

-Article 8: The effects of this joint shall accrue from the time when the full amount of the investment under subparagraph (b) is deposited.

No. 1.