The defendant is innocent.

1. The Defendant is the type of the victim C’s punishment.

On May 2012, the Defendant stated that “The Defendant would return the principal within 2-3 months by selling the shares of the son and selling the shares of the son to the remaining money within 2-3 months, with the payment of the transfer tax if the son’s shares were to be sold and the son’s shares were to be redeemed if the son’s shares were to be sold and the son’s shares were to be preserved even if the son’s shares were sold.”

However, at the time, the Defendant had no certain income and property due to the absence of occupation, and had already contributed to a large number of losses by investing in stocks with money borrowed from the funeral and wife, and there was no clear information or method to earn profits from investment, so even if the Defendant borrowed money from the victim, there was no ability to repay the money.

Nevertheless, the Defendant deceivings the victim as above, and the Defendant’s equipment was corrected on June 16, 2012 from the victim on June 15, 2012 by deeming the Defendant as a clerical error.

A delivery of KRW 60,000 was received.

2. The defendant asserts that there is no intention to commit the crime of defraudation, since he did not deception as to the facts charged at the time he received 61 million won from the victim C, and he did not receive the above money from C without intent or ability to repay.

According to the evidence duly adopted and examined by this court, the victim C received a donation of KRW 100,000,000 from his father, and invested in the shares, and there was a loss of approximately KRW 10,000,000,000,000 to the Defendant, who is a type of sale, and the Defendant told C to pay the principal by investing the said money in the shares on his own account.