The defendant shall be innocent.

1. On October 17, 2011, the Defendant stated in the facts charged that, at the Defendant’s farm located in Ssung-si, the victim Co., Ltd. (hereinafter “victim Co., Ltd.”) was unable to supply feed on credit any more than 30 million won since the Defendant’s credit payment obligation amounted to KRW 30,000,000, and that, as if the victim’s employees could have created a legitimate security right to transfer a swine 2,482 ma in the farm, the Defendant stated that “The Defendant would offer a security to 2,482 ma in the farm, thereby continuing to supply feed on credit.”

However, the above swine had already been provided to another transaction party as a security for transfer, so there was no intention or ability to establish a legitimate security for transfer to the victim.

As such, the Defendant, by deceiving the victim company, received feed equivalent to KRW 369,907,415 from October 17, 201 to August 8, 201, as indicated in the list of crimes in the annexed sheet from the victim company, and acquired it by deceiving the victim company.

2. The determination of fraud is established by deceiving another person to make a mistake by inducing a dispositive act, thereby obtaining property or pecuniary gain. The causal relationship between deception, mistake, and property disposal act should exist. On the other hand, whether a certain act constitutes deception that causes a mistake to another person, and whether there exists a causal relationship between such deception and property disposal act should be determined generally and objectively, taking into account the transactional situation, the other party’s knowledge, character, experience, occupation, and other specific circumstances at the time of the act.

Therefore, in a case where the defendant's act of disposal of the victim's property or the act inducing such disposal of property was committed under close relation with the failure or performance of any business as directed by the defendant, deception or causation is based on the defendant's financial power or credit status.