The defendant shall be innocent.

1. The summary of the facts charged stated in collusion with D on July 27, 2009 to the effect that “The Defendant is engaged in the business of constructing and selling apartment units with 600 households in F which D is operated in F which is an apartment unit with D and 1.5 billion won if invested, he/she will repay the principal after one year, and pay the investment profit after completion of the apartment unit in 2012, and the Defendant has already invested 1.5 billion won in the amount of 1.5 billion won.”

However, the Defendant did not have invested KRW 1.5 billion in D's apartment business, and the Defendant and D used most of D's corporate operating funds and personal purposes even if they received investment funds, and 200 million won was thought to be used for the personal purposes of the Defendant, and there was no intention or ability to repay the principal and pay profits to E using D's apartment construction and sales business of the Republic of Korea.

The Defendant and D obtained 150 million won in the face from E, namely, i.e., KRW 150 million in the face.

2. Determination

A. In order to establish a joint principal offender under Article 30 of the Criminal Act as a subjective element of the principle of joint principal offender, it is necessary to have committed a crime through a functional control based on the joint principal’s intent as an objective requirement. The intent of joint principal offender is insufficient to recognize another person’s crime and to accept it without restraint, and the intention of joint principal processing ought to be integrated for the purpose of committing a specific criminal act with the intention of joint principal offender and to shift to one’s execution by using another’s act.

(See Supreme Court Decision 2008Do1274 Decided April 10, 2008, etc.). B.

Judgment

Defendant’s partial statement

The witness E's legal statement, the check tracking results (Evidence No. 27), the defendant's written confirmation on January 20, 201(Investigation Records No. 605).