The defendant shall be innocent.

1. The Defendant, as a U.S. enemy, requested the victim C to manage D apartment 501 Dong 408, which is owned by the Defendant, while residing in the U.S.

On January 31, 2006, the Defendant made a false statement to the victim, stating that “I will pay urban gas costs in lieu of urban gas costs. I will immediately move to Korea.”

However, even if entering Korea, there was no intention or ability to pay the above amount to the victim.

The Defendant, from around that time to May 21, 2012, had the victim pay urban gas expenses, management expenses, property expenses, 2,792,420 won on a 11-time basis as indicated in the following crime list, and obtained the borrowed money from the victim and acquired it by deceptioning KRW 9,05,520.

2. The intent of the crime of defraudation, which is a subjective constituent element of the crime of fraud, should be determined by comprehensively taking into account the objective circumstances such as the Defendant’s financial history, environment, details and details of the crime, and the process of transaction before and after the crime, unless the Defendant is led to the confession (see, e.g., Supreme Court Decision 94Do2048, Oct. 21, 1994). Meanwhile, the conviction should be based on evidence with probative value that leads to a judge to have a conviction that is sufficient to have a reasonable doubt that the facts charged are true to the extent that there is no reasonable doubt. Thus, if there is no such evidence, even if there is suspicion of guilt against the Defendant, it is inevitable to determine the Defendant’s interest, and the same applies

(See Supreme Court Decision 2004Do74 delivered on May 14, 2004, etc.). The following circumstances, which are acknowledged by the record, are as follows: (a) city gas costs, management costs, property taxes, and borrowed money that the Defendant paid by the victim are the criminal intent of deception at the time of the instant act; and (b) whether the Defendant committed deception with the criminal intent of deception at the time of the instant act.