The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. Facts charged and the defendant's assertion

A. On January 2009, the Defendant made a false statement to the effect that “F will bring a lawsuit against a clan member in order to recover the right of a clan” against the victim at the convenience store operated by the victim D(55 years of age) in the Suwon-si Suwon-si, 2009. It is necessary for the victim to have approximately KRW 60 million with all expenses, including litigation fees, and if he/she can sufficiently win the case for three months, he/she will give a total of KRW 120 million with interest added to the principal if he/she lends it.”

However, in fact, the defendant tried to use money to repay the existing debts from the victim, and the defendant did not have the intention or ability to pay KRW 120 million using the clan litigation expense through F.

As such, the Defendant, by deceiving the victim, received total amount of KRW 6,50,000 from the victim to the Agricultural Cooperative Account under the name of the Defendant, and acquired total of KRW 66,50,000,000 from the victim for the purpose of borrowing money.

B. As the Defendant’s assertion was revealed in the mutual business contract prepared by the Defendant with the victim, the instant case invested KRW 60 million by the victim, and F et al. against G species (hereinafter “G species”) would only be refunded KRW 120 million when winning a lawsuit against G species (hereinafter “G species”), and there was no intent to defraud the Defendant.

2. D’s direct evidence that corresponds to the facts charged is the only direct evidence in the investigation agency and this court, and D’s statement is a long-standing relative with the Defendant, and there was a money transaction prior to which the Defendant had been aware that the Defendant was doing a lawsuit against GJ by using F, and thus, the Defendant would transfer F’s above KRW 66.5 million to F, and the Defendant was leading to the Defendant, and the Defendant would be well aware of the fact that at the time, the Defendant would be sufficiently a clan for three months. As such, the Defendant was a mutual business contract.