The defendant is innocent. The summary of this judgment shall be notified publicly.

1. On June 8, 2015, the Defendant made a false statement to the victim E (hereinafter “D”) within the office of Sinpo-si Co., Ltd. (hereinafter “D”) operated by Sinpo-si, Sinpo-si (hereinafter “D”), that “I would make a golfization with a monthly sales from KRW 150,000 to KRW 200,000,000,000,000, if I would lend money as soon as necessary, I would make a golfization and make a repayment on the bank.”

However, at the time of fact, the defendant had a debt equivalent to KRW 300 million and was operated by the defendant.

D was in a state of fitness, and it was impossible to make a golfization due to the lack of parts to make golfization, and there was no transaction partner who ordered golfization, and thus there was no intention or ability to repay the above money even if it was borrowed from the injured party.

As such, the Defendant, by deceiving the victim as such, received each remittance from the victim, of KRW 40 million on August 24, 2015, KRW 10 million on October 20, 2015, KRW 10 million on loan, and KRW 10 million on October 21, 2015.

Accordingly, the Defendant acquired a total of KRW 60 million from the injured party on three occasions.

2. The determination of fraud is established by deceiving another person to make a mistake by inducing a dispositive act, thereby obtaining property or pecuniary advantage. It must be in relation to 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 such deception and property disposal act are in relation to a person should be determined generally and objectively, taking into account the specific circumstances at the time of the act such as transaction, the other party’s knowledge, character, experience, occupation, etc.

Therefore, if the defendant's act of disposal of the victim's property or such act of disposal of property was committed under close relation with the failure or performance of any business as the defendant promotes, the defendant's re-performance is merely the defendant.