The defendant shall be innocent.

1. On October 16, 2006, the Defendant made a false statement to the victim C to the effect that “F, while the film “F” contributed by the film actors E, who are the film actors belonging to the entertainment, whose representative director is the Defendant, is in the process of photographing, the Defendant attempted to make an investment in the said film, and that if the Defendant lent KRW 150 million to the said film, the Defendant would necessarily repay the principal and interest of KRW 162 million including the interest rate of KRW 10% until November 16, 2006.”

However, the Defendant did not have invested the above KRW 150 million in the production of the film, and used the above money for personal debt or stock investment, etc., and at the time, the Defendant borrowed money from the victim due to the lack of operational funds of the DNA Entertainment Co., Ltd. operated by the Defendant, the Defendant did not have any intent or ability to repay it until the date of repayment.

The Defendant, by deceiving the victim as such, received KRW 150 million from the new bank account in the name of the Defendant on the same day (the former Account Number G) from the victim.

2. The Defendant denies the facts charged to the effect that he did not have invested in the production of a film in the facts charged, since he did not have paid the actual amount of investment from H, a producer, in return for contributing his film E to “F” (hereinafter “H”), but was recognized as an investment share equivalent to KRW 150 million, among the facts charged, the Defendant did not have any fact of having invested in the production of a film, and that he had an intent or ability to repay because he had a considerable amount of shares at the time of borrowing.

However, even based on the Defendant’s assertion itself, the Defendant did not think that the Defendant would actually invest KRW 150 million in the production of the said film. In order to conclude a contract for production and investment with H, the Defendant, either formally deposited KRW 150 million in the form of a contract for production and investment with H, but was thought to have been returned immediately. In fact, the Defendant received the return of the said money and received the company’s operating funds, etc.