The defendant shall be innocent.

1. The summary of the facts charged of the instant case is that the Defendant did not have any specific occupation and source of revenue and did not have any intent or ability to pay the said note, even if the Defendant had access to singing rooms and female employees enjoy entertainment. On November 25, 2014, at D points located in Ulsan-gu, Seoul (hereinafter “instant main points”), the Defendant would give the victim E a later drinking value.

Then, the two weeks, after being provided with women's employees, etc., 250,000 won or more, and 1,560,000 won or more in all together, as shown in the list of crimes in attached Form 4.

2. Determination:

A. The intent of defraudation, which is a subjective constituent element of fraud, should be determined by comprehensively taking into account the objective circumstances such as the Defendant’s financial history, environment, content of the crime, process of transaction, etc., insofar as the Defendant does not confession (see, e.g., Supreme Court Decision 2004Do3515, Dec. 10, 2004). In a criminal trial, the prosecutor bears the burden of proving the facts charged, and the recognition of guilt must be based on evidence with probative value that leads to the conviction that the facts charged are true to the extent that there is no reasonable doubt by the judge. Thus, if there is no such evidence, the conviction cannot be determined even if there is suspicion of guilt against the Defendant (see, e.g., Supreme Court Decisions 201Do2823, Aug. 21, 2001; 2005Do8675, Mar. 9, 2006).

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