The defendant shall be innocent.

1. The summary of the facts charged is the representative director of the corporation B, who is engaged in construction business.

On October 5, 2016, the Defendant stated that the victim D shall not receive the completion of the project in the foregoing B office located in the Daegu-gu Office, Seogu, Daegu-gu, and that “I will pay KRW 30 million with the principal and interest of KRW 30 million after the completion of the project, if I lend KRW 100 million. I do not have the house, but will comply with the promise without the company’s permission.”

However, in fact, the Defendant had not been able to repay the loan due to the unsold housing in lots. The Defendant was unable to fully repay all the loan obligations of the existing construction fund. The loan was also impossible due to the lack of economic circumstances, such as the loan of the construction, and the bond is in a position that it is difficult to borrow money from the victim. Therefore, the Defendant did not have the ability to pay the loan normally even if he borrowed money from the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 100 million from the victim to the G Association account of the Defendant’s wife F under the pretext of the loan for the construction cost on the same day.

2. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court, the evidence alone presented by the prosecutor was deceiving the victim at the time the Defendant borrowed money from the victim.

It is difficult to see that there is a criminal intent to obtain fraud from the accused, or that there is a criminal intention to obtain fraud from the accused, beyond reasonable doubt.

The defendant corporation B (hereinafter referred to as "B") operated by the defendant was entrusted with the construction work of the selling project, such as the tenement house executed by H from 2012.

B In the first half of the year of 2015, the construction of the first apartment house located in the Gyeongcheon-gun, Ha, Kimcheon-si, Kimcheon-si, the construction of the new apartment building was carried out by contract.

B. H around January 2016, the Defendant.