The defendant shall be innocent.

1. On September 2012, the Defendant stated in the facts charged that “The Defendant would pay 3 million won per month interest to the victim G of F Co., Ltd., a company that seeks to supply food materials to the above restaurant at the middle point of the “E” of the Defendant’s operation of the Seocho-gu Seoul Metropolitan Government D Building 101, which is a company that intends to supply food materials to the above restaurant”, and that “The Defendant would pay 100 million won per month as interest and repay the principal after one year.”

However, in fact, there was no intention or ability to pay the unpaid costs of interior works of the above restaurant, the overdue wages of employees, and the unpaid food materials, etc., which reach about 300 million won, and even if the restaurant operation continues to borrow money from the victim, due to the fact that the restaurant was operated in a proper state.

As a result, the Defendant received 100 million won in cash from the F Office of Yeongdeungpo-gu Seoul Metropolitan Government H and 406 on the 27th of the same month from the victim and acquired it by the victim.

2. (1) Fraud is established by deceiving another person to make a mistake and inducing a dispositive act to receive property or gain pecuniary advantage. Therefore, there should be causation between deception, mistake, and property disposal act. On the other hand, whether a certain act constitutes deception that causes a mistake to another person, and whether there exists causation between such deception and property disposal act should be determined generally and objectively, taking into account the specific circumstances at the time of the act such as the transaction, the other party’s knowledge, character, experience, occupation, etc.

Therefore, in a case where the defendant's act of disposal of the victim's property or the defendant's act that caused such disposal of property is closely related to the failure or performance of any business as directed by the defendant, the existence of deception or causation cannot be determined simply based on the defendant's financial power or credit status, and the relationship between the victim and the defendant, and the awareness and involvement of the victim in the business