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The defendant shall be innocent.
Reasons
1. The summary of the facts charged is the representative director of “B” (hereinafter “instant event”) held from August 16, 2016 to August 18, 2016, who is a private host corporation C.
The Defendant, around August 10, 2016, committed as if he would pay the manager of the E hotel owned by the victim D Co., Ltd. the F, and as if he would pay for the use of the hotel, he would have the intent to proceed with the instant event at E hotel.
G Based on the false statement, “DD to discuss all matters with G,” allowing the F F to coordinate the details of the hotel use agreement with G and hotel, while allowing I to enter into a “contract for the use of hotel facilities” with the victim, the representative director of H, a private corporation in charge of the instant event, which is known to pay the amount of the hotel use agreement at C around August 12, 2016.
However, in fact, although the plan was to pay the hotel usage fee with earnings from the instant event, it was not clear whether the earnings accrued from the instant event, and there was no re-payment to pay the hotel usage fee in the event that no profits accrued from the instant event. Therefore, there was no intention or ability to pay the hotel usage fee even if the victim was provided with the use of the hotel.
Although the Defendant was provided with services equivalent to KRW 62,718,784, including the use of guest rooms and the provision of meals from August 14, 2016 to August 18, 2016, the Defendant did not pay the amount.
Accordingly, the Defendant, by deceiving the victim, acquired pecuniary benefits equivalent to KRW 62,718,784.
2. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court, the evidence submitted by the prosecutor alone is that the defendant deceivings employees of the victim D Co., Ltd. (hereinafter “victim”) as stated in the instant facts charged and acquired pecuniary benefits.