The defendant shall be innocent.

1. Around February 23, 2015, the Defendant made a false statement to the effect that “The Defendant would produce Chapter 240 in the insertingion of the 3D World Masterizationization, and transfer the inserted articles and copyright made in the order by July 3, 2015, to E, an employee of the victim, at the victim’s office located in Jung-gu Seoul Metropolitan Government, Jung-gu, Seoul, the Defendant would transfer the text of the facts charged.” The Defendant also made a false statement to the effect that “The payment of the advance should be made as soon as possible, as possible.”

However, in fact, the foregoing inserted project is a large amount of work, and there was a need to seek a person who will work together with another author, such as employment of another author in advance, and it was possible to meet the commitment period. However, at the time of the office lease deposit, there was no particular property other than 5 million won, and the defendant was liable for a debt exceeding 20 million won in total, such as overdue rents, personal debts, and accounts payable to the subcontractor, and it was planned to use the aforementioned debt repayment for the purpose of paying the above debt. Therefore, even if the defendant received advance payment from the victim, he did not have the intent or ability to perform the work within the time limit, such as the contractual content.

Nevertheless, the Defendant, as such, by deceiving the Victim E employee of the victim, obtained money from the victim as an advance payment on March 6, 2015 and acquired money from the victim.

2. Determination

A. On February 1, 2015, the Defendant: (a) agreed with F Co., Ltd. to carry out the inserted work of this case together with shares of 50:50; (b) concluded the instant contract with D and received advance payment; (c) around March 16, 2015, the Defendant demanded D to increase the share ratio on the part of the said company; and (d) during the period of delayed inserting work due to the lack of consultation, D did not carry out the inserted work by requesting the termination of the contract on April 2015; and (c) by deceiving the victim without any intent or ability to perform the inserted work from the beginning.