The defendant shall be innocent.

1. Summary of the facts charged and the place of amendment;

A. The summary of the facts charged in this case is as follows.

On January 12, 2010, the Defendant was sentenced to a suspended sentence of two years and four years of imprisonment with prison labor at the Seoul Central District Court for the crime of fire-fighting at a general building at the Seoul Central District Court, and on May 25, 2010, the said judgment became final and conclusive on May 25, 2010. On June 12, 2008, the Defendant stated that “The Defendant, at the victim D’s office located in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sungnam-si, the Defendant used the victim’s housing, but only part of the housing was sold, and the rest of the investment was suspended due to the problem among the investors. At this point, the Defendant tried to establish a lien and collect expenses.” However, the Defendant thought that the Defendant would prepare funds to repay personal debts from the beginning without any property, and, at the time, at the time of Ansan-si, the E detached Housing was under way to obtain a loan from the victim’s money in arrears, and the Defendant did not have the intent or ability to repay the money from the victim.

B. As to the above facts charged, the prosecutor applied Article 347(1) of the Criminal Act to the defendant, and the defendant and his/her defense counsel borrowed KRW 40 million from the victim, but they asserted that the defendant did not deceiving the complainant and did not intend to acquire it by deception.

2. Determination

A. (i) Fraud is established by deceiving another person, making a mistake, and inducing such dispositive act to receive property or gain pecuniary advantage. Therefore, in order to establish fraud, there should be deception, mistake on the part of the defrauded, and dispositive act, and there should be causation between them.

Supreme Court Decision 200 June 6, 200