The defendant shall be innocent.

1. Around July 27, 2013, the summary of the facts charged, the Defendant made a false statement to the victim C that he/she had discovered a loan for the purpose of raising funds for the purchase of land in a mutually unclaimed restaurant near Jongno-gu Seoul Jongno-ro 3, stating that “The victim C, who was a pro-friendly D, is the vice president of the construction company, and there has been a contract for the construction of Spanco and the supply of earth and sand, so that the supply contract can be made available as security. It is necessary to pay 3,00,000 won with rain funds.”

However, there was no criminal defendant's punishment and soil supply contract, and there was no intention or ability for financial institutions to buy loans with the defendant's expenses.

Nevertheless, the Defendant deceivings the victim as above and acquired cash of KRW 3,00,000 from the victim, namely, in the face of the victim, as a non-financial loan.

2. Among the evidence submitted by the judgment prosecutor, evidence that corresponds to the fact that the defendant acquired 3,00,000 won as a rain fund by making a false statement to C as shown in the facts charged lies in ① the statement of the witness C in the third protocol of the trial, ② the statement of C in the third protocol of the interrogation of the suspect in the police station against the defendant, ③ the statement of each police officer's statement of C, ④ the statement of each police officer's written statement of C, ④ the statement of the written complaint, content certificate, and written application

However, in light of the witness E’s statement in the fourth trial record and the evidence submitted by the defense counsel, it is difficult for C to believe that the statement made in the investigation agency and the court is the same, and there is no evidence to acknowledge that C has obtained 3,000,000 won by making a false statement to C as stated in the facts charged by the Defendant.

3. In conclusion, the facts charged in this case constitute a case where there is no proof of facts constituting the crime and thus, the defendant cannot obtain the consent of the defendant because he did not appear on the sentencing date.