The defendant shall be innocent.

1. On March 22, 2013, the Defendant was sentenced to eight months of imprisonment for fraud in the Daejeon District Court Branch Branch of the Daejeon District Court, and the judgment became final and conclusive on August 30, 2013.

On July 25, 2012, the Defendant, at the C office located in Asan City B around July 25, 2012, may receive a loan from the victim D (52 tax) (Asan City E to build a new factory building, and the construction of a new factory building has already been permitted and the corporate guarantee documents have been submitted to the Enterprise Bank.

When borrowing KRW 30,000,000 for the need of the present security, the guarantee will be paid without putting the door door and it will allow the factory to build a steel frame.

“.......”

However, in fact, the defendant could not proceed with the construction of the above factory due to the lack of funds for the construction of the factory and could not obtain a loan from the corporate bank. Therefore, even if the defendant jointly and severally guaranteed the defendant, he did not have the intent or ability to make the victim improve it and to allow the victim to do the construction of the factory.

Defendant deceiving the victim as above and caused the victim to borrow KRW 30 million from F to obtain pecuniary benefits equivalent to KRW 30 million.

2. Determination

A. Comprehensively taking account of each of the legal statements by the Defendant, the witness G, the witness D’s partial statement, the confirmation letter of deposit and withdrawal transaction, the permit to change the purpose of use of construction and large-scale repair, the general building ledger (A), each of the statements in deposit transaction records, and the form of photographs, the following facts may be acknowledged.

1) G, the actual owner of the construction of the factory building to be newly constructed in Asan City, ordered the Defendant to contract the new construction of the factory.

G around that time, the owner of H was the owner of the building from the Asan market and was granted the building permit for the above factory building, and consultation with I and other banks was conducted to prepare the construction cost.

At the time G was expected to be able to get a loan from the bank within one month, and the defendant was directly from the bank.