The defendant shall be innocent.

1. On August 2008, the Defendant is raising the funds for the establishment of E Co., Ltd. (hereinafter “E”), a management consulting company, to the victim D (hereinafter “Appellant”) who had a usual friendship in the ditches operated by the Defendant in Jongno-gu Seoul, Jongno-gu, Seoul (hereinafter “the Defendant”), around the lower day of August 2008. Since he participates in and invests as a major member of the members, but he still does not have an awareness of being given to investors, he shall make an investment by combining the investment funds ofp with the investment funds within the money, and make an investment. The F Water Resource Development Project, etc. promoted in E, which will be successful, and will be more favorable than making a deposit in the bank every year, and trust thereof shall be made from the victim.”

9.1.1.1 million won was remitted to the Defendant’s bank account.

However, even if the Defendant received money from the victim at the time, he did not have a position to recognize the status of investors in E as to the money and to receive the distribution of profits from the money. Since the balance of the deposit account at the time was insufficient to the extent that the balance is bad, the Defendant thought that most of the money received from the victim is used for personal purposes, such as paying the Defendant’s card use price and paying the interest on the existing debt, and thus, he did not have an intent and ability to receive profits each year by normally investing the money received from the

Nevertheless, the Defendant, by deceiving the victim as above, received a total of KRW 50 million from the victim under the pretext of investment in E.

2. In light of the following facts and circumstances acknowledged by the Defendant and witness G’s respective legal statements, witness D and H’s respective legal statements, each evidence submitted by the Prosecutor, and each of the evidence and reference materials submitted by the Defendant, it is difficult to recognize the Defendant’s criminal intent by deceiving the Defendant solely based on the witness D and H’s respective legal statements and the evidence submitted by the Prosecutor. This is different.