The defendant shall be innocent.

1. Summary of the facts charged

A. The Defendant had no intent or ability to install sperm because the Defendant had a debt of KRW 5 million and the delinquent amount of taxes exceeds KRW 10 million, and the Defendant had failed to pay personnel expenses, construction materials cost, etc. already incurred at another construction site. Therefore, even if the Defendant received construction cost from the victim C, it is impossible to meet the necessary expenses, such as transportation cost, etc., and there was no intention or ability to do so.

Nevertheless, around December 12, 2010, the Defendant, at a coffee shop in the subway waters in Seongdong-gu Seoul Metropolitan Government-dong on December 12, 2010, told the victim C that “to create sperms on the f. million won alley bed by the f.m., the Defendant received 1 million won as down payment from the victim, and acquired 6 million won as the price for the construction of sperm on December 3, 2010, and acquired 6 million won from the victim.

B. The Defendant above A.

Since the financial situation such as the statement in the paragraph, the victim C was unable to meet the required costs such as transportation costs, and there was no intention or ability to perform the construction works on neglect.

Nevertheless, on February 21, 2011, the Defendant: (a) made a false statement to the victim at the construction site of the so-called “to put the victim a telephone before the so-called “to put him/her up his/her neglect on the front of the so-called tomb; and (b) obtained money from the victim by transfer of one million won from the victim.”

C. The Defendant above A.

Since the financial situation such as the statement in the paragraph, even if the compensation for the work is received from the victim C, there is no intention or ability to perform the installation work on sperm and neglect because it is impossible to meet the required expenses such as transportation cost.

Nevertheless, around May 6, 2011, the Defendant, at the construction site of the charnel tomb that is located in the area of the old old group of North Korea and lower than that of the old group of North Korea, concluded that “it is necessary to pay additional expenses, such as transportation expenses, for the installation of the deceased and the building of his neglect,” and received KRW 50,000 from the victim.