The defendant shall be innocent.

1. The Defendant is a person who was the representative director of (ju)B) established for the purpose of selling the Olympic Commemoratives in the facts charged.

On February 2, 2008, at the office of the complainant in Jongno-gu Seoul Metropolitan Government Jongno-gu, the Defendant made a false statement to the effect that “The complainants have carried on a large project in the north-do. However, because the office is in business morality and because the office has been borrowed at the expense of KRW 100,000,000, the Defendant would recover from the office without a mold as the office will enter if the office is borrowed at the expense of KRW 100,000.”

However, the defendant did not have any specific property or any fixed income and there was no plan to invest funds from other investors, so even if he received the funds from the complainant, the defendant did not have any intent or ability to pay the funds.

Nevertheless, on February 28, 2008, the Defendant, by deceiving the complainant as above, received KRW 100 million from the complainant through the bank account (E) in the name of the above legal entity on the money borrowed.

2. The Defendant asserts that the complainant was invested in KRW 100 million from the complainant and that the business did not proceed as the complainant did not make any more investments in accordance with the agreement.

In this regard, the complainant asserts that he simply lent KRW 100 million.

In full view of the following circumstances, it is difficult to see that the accused has obtained 100 million won from the complainant under the name of the borrowed money without intention or ability to complete payment to the extent beyond a reasonable doubt.

① The Defendant consistently stated from an investigative agency to this court that he received the instant money as part of the investment amount from the complainants, while the complainants did not make clear statements from this court due to cerebrovascular diseases.

On the other hand, the F, which introduced the accused and the complainant, is an investigative agency and in this court, at the time.