The judgment of the court below is reversed.

The defendant shall be innocent.

1. Summary of grounds for appeal;

A. The Defendant, based on the trust relationship, borrowed KRW 85 million from the injured party based on the trust relationship, and did not receive the said money for the purpose of investment by deceiving the injured party.

B. The sentence of the lower court’s unfair sentencing (one hundred months of imprisonment) is too unreasonable.

2. On June 3, 2016, the Defendant was sentenced to three years of imprisonment for a crime of fraud at the Seosan Branch of the Daejeon District Court, and the said judgment became final and conclusive on March 13, 2017.

On May 2014, the Defendant made a false statement to the victim D, stating that “The Defendant is engaged in construction business along with friendship E, and would make a profit if he/she invests in money.”

However, in fact, the defendant did not operate construction business together with E at the time, as well as he thought that he received money from the injured party and used it as a living expense, etc., so that he did not have the intention or ability to return the investment amount or profit to the injured party.

The Defendant received KRW 30 million from the damaged party to the Agricultural Cooperative Account under the name of the Defendant on May 23, 2014, from which he/she was transferred from the damaged party, and the same year.

7.10.5 million won is transferred to the same account for the same year;

9. 11.5 million won was transferred to the same account and acquired it by remittance.

3. Determination

A. In a criminal trial, the conviction of guilt should be based on evidence with probative value sufficient to lead a judge to feel true beyond a reasonable doubt, and if there is no evidence to establish such a degree of conviction, even if there is suspicion of guilt against the defendant (see, e.g., Supreme Court Decision 9Do4305, Feb. 25, 2000). (b) Of this part of the facts charged, “the defendant is running a construction business along with pro-Japanese and will make a profit with money invested.”