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

1. On April 26, 2012, the Defendant was sentenced to a suspended sentence of three years on May 4, 2012, and the said judgment became final and conclusive on the following grounds: (a) the Defendant was sentenced to a suspended sentence of one year and six months for fraud at the Suwon Fagwon.

On March 25, 2010, the Defendant borrowed KRW 140,000,000 from the Incheon-si Office for the management of Defendant F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. H. H. to the victim H, “A. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. H

The phrase “the phrase was false.”

However, at the time, the defendant's active property was 2.2 billion won, while the passive property, such as various kinds of investment loans, was 3.5 billion won, and only part of the above pentol Project site was purchased, and even if the corporate operating funds were to be borrowed from the injured party due to the shortage of corporate funds, there was no intention or ability to pay KRW 180 million after four months.

The defendant received 140 million won from the injured party as a check at the time of the above day from the injured party and acquired it by fraud.

2. The assertion and judgment

A. On March 25, 2010, at the time of the instant loan, the Defendant and the defense counsel had the intent or ability to repay the borrowed money, and at the time, the said pension project and the apartment sale project are in progress, and if the said project is being carried out as soon as possible, a reimbursement of KRW 180 million may be made according to the victim’s sufficient agreement, but it is merely a failure to repay the said amount due to the aggravation of the financial situation without any reason attributable to the Defendant, and thus, the Defendant did not have the intent to commit the crime of defraudation.

B. Determination 1) Determination of whether a crime of fraud is established through the defraudation of the borrowed money should be made at the time of borrowing. The intent of the defraudation, which is a subjective constituent element of the crime of fraud, is to be made by taking into account the objective circumstances such as the Defendant’s financial history before and after the crime, the environment, the details and contents of the crime, and the process of performing

The recognition of guilt of only one kind of judgment has a judge in a consistent manner.