The defendant shall be innocent.

1. On August 23, 2012, the Defendant: (a) made a false statement to the effect that “If a small and medium enterprise start-up start-up company completes the steel frame construction in relation to the new construction of a factory and completes the construction of a new factory ten days after the lapse of ten days, the Defendant would pay the construction cost of KRW 147,00,000 in a lump sum within ten days” (hereinafter “the instant statement”).

However, even if the steel frame construction of the defendant factory is completed, it is unclear to receive the start-up fund of small and medium enterprises, and the defendant did not have any intention or ability to pay the above price in lump sum within 10 days from the date of completion of the steel frame construction.

Nevertheless, the Defendant, by deceiving the victim as such, failed to pay the construction cost after completing the above construction work, thereby acquiring property benefits equivalent to the above amount.

2. A. Determination. A. In a criminal trial, the conviction should be based on evidence with probative value that leads a judge to have the conviction that the facts charged are true beyond a reasonable doubt. Thus, in a case where the prosecutor’s proof does not sufficiently reach such a level of conviction, the determination should be made on the part of the defendant even if he/she was suspected of guilt (see, e.g., Supreme Court Decision 2013Do13416, Jul. 24, 2014). B. According to the evidence duly adopted by the court and examined by the court, the defendant did not directly make the statement of this case to the victim E as indicated in the facts charged, and F does not have any direct statement to the victim E in the victim’s (ju) and (ju) C factory construction (hereinafter “instant contract”).