The Defendants are not guilty in their primary and ancillary charges. The Defendants are not guilty.

1. The facts charged of this case [main facts charged]

1. On November 2016, Defendant A made a false statement that “B is a person engaged in the real estate business and debentures business. There is a parent’s house in Mancheon, the parent of which has been operated, and at the same time, the salted fish store is also operated. If the Defendant borrowed KRW 50 million, the Defendant would receive interest on the loan with a higher interest rate.”

However, in fact, the defendant was thought to use the money received from the victim as living expenses, etc., and there was no intention or ability to pay the principal and interest normally promised to the victim through bonds.

As such, the Defendant, by deceiving the victim as such, received KRW 5 million from the victim on November 11, 2016, KRW 200 million on November 15, 2016, and KRW 30 million on November 22, 2016, from the Defendant’s agricultural bank account under the name of the Defendant, and acquired KRW 39 million on November 15, 2016, by remitting KRW 200,000 to the corporate bank account under the name of the Defendant requested by the Defendant.

2. Around December 16, 2016, Defendant B made a false statement to the victim C that “a vehicle was seized. I want to recover the vehicle. I want to pay a high interest on the loan of money.”

However, the defendant did not have any specific property and did not have any intention or ability to pay the money normally even if he borrowed money from the victim.

The defendant deceivings the victim as such, and then acquired 9.5 million won in cash from the victim around that time.

[Preliminary facts charged] Defendant A became aware of the victim at a mountain conference, and Defendant B became aware of the victim through Defendant A around November 2016, the victim was suffering from stimulative disorder and evidence with existing mental disorder, and the victim was in a state of weak ability to distinguish things and make decisions due to lack of capacity to perform legal acts for property transactions in a state of serious need for hospital treatment at the time. As above, the Defendants are in a state of weak capacity to discern things and make decisions.