The defendant shall be innocent.

1. On March 201, 201, the Defendant charged the instant charges stating that “When investing KRW 300 million in the hotel building that is newly constructed on three lots of land, the Defendant would pay KRW 400 million including the investment money within three months after the interior work,” at the E office operated by the victim D, located in Yeongdeungpo-gu Seoul Metropolitan Government, Young-gu, Seoul, the Defendant would make a false investment of KRW 300 million in the new hotel construction work.”

However, G, the contractor of the said hotel construction, bears the Defendant’s obligation of KRW 100 million, irrelevant to the new hotel construction work. However, the Defendant, among KRW 300,00,000, invested in the new hotel construction work only for KRW 200,000,000,000, which was received from the victim, and there was no intention to invest KRW 100,000,000,000, out of KRW 300,000,000, in the new hotel construction work.

Nevertheless, the Defendant deceivings the victim as above and obtained KRW 100 million from the victim at that time, and acquired it by fraud.

2. The judgment D argues to the effect that it was unaware of the circumstances that the investigative agency and this court used KRW 100 million out of KRW 300 million as stated in the instant facts charged to repay G’s obligations to H, but in light of the various circumstances examined below, D also knew of the aforementioned circumstances.

In addition, the remaining evidence submitted by the prosecutor alone is insufficient to acknowledge the facts charged of this case, and there is no other evidence to acknowledge this.

D The Defendant stated in this court that he did not know G at the time when he delivered KRW 300 million to the Defendant on March 201, 201. However, D said that the Defendant filed a complaint with G as an apartment related issue and received a disposition of non-guilty charge from the investigative agency around November 2010, and that the Defendant was detained.