The defendant shall be innocent.

1. The summary of the facts charged is that the Defendant was a person who engages in wholesale and retail business of merchandise coupons, and at the time, did not have an intention or ability to purchase merchandise coupons by receiving money from others as the purchase price for merchandise coupons because it is urgent to pay interest on personal debts of KRW 70,000 for the Defendant at the time.

On May 29, 2009, the defendant called "to purchase 100,000 won merchandise coupons 200 in the new world merchandise coupons" to the victim D, which received 18,840,000 won from the victim in the name of the defendant as the purchase price for merchandise coupons, i.e., the money from the victim to the passbook in the name of the defendant bank (Account Number E).

Accordingly, the defendant acquired financial benefits by deceiving the victim.

2. According to the records of this case, the following circumstances are recognized.

In other words, the Defendant had been operating gift certificates wholesale and retail business since September 2006, and from around 2007, the Defendant continued to engage in transactions with the victim, and on May 29, 2009, received KRW 18,800,000 from the Defendant’s national bank account as the purchase price for gift certificates from the victim.

On the same day, the Defendant received KRW 104,50,000 as the purchase price of merchandise coupons from F, which is the same account as that of another transaction partner, and thereafter, the Defendant was indicted with the fact that the above F had been deceivingd to acquire the purchase price of merchandise coupons, etc., but the Defendant deceiving F in the above F’s accusation case.

The judgment of innocence was rendered on the ground that it is difficult to see that there was a criminal intent to obtain fraud, and the above judgment of innocence became final and conclusive.

Meanwhile, the Defendant received KRW 1884,00 from the victim and did not purchase gift certificates to the victim. On July 6, 2009, the Defendant prepared a written confirmation of KRW 23 million including the outstanding amount of KRW 3 million incurred in transactions with the victim until then paid to the victim KRW 5 million, and paid to the victim the remainder of KRW 18 million each month.