The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. Summary of the grounds for appeal (misunderstanding of legal principles or factual errors);

A. Of the facts charged, at the time when the Defendant borrowed money from the victim or requested the victim to sign as a joint and several sureties, there was no intention to repay and ability to repay and deceiving the victim.

B. Article 4 of the facts charged does not lend KRW 30 million to the victim as stated in the facts charged.

The victim transferred KRW 26 million to the Agricultural Cooperative Account under the name of the defendant and the G Agricultural Cooperative Account under the name of G as designated by the defendant in return for acquiring 30 million shares of H and its management rights.

2. Determination

A. The summary of the facts charged is as follows: (a) the Defendant operated the “E” in Young-gu, Young-gu, Suwon-si; (b) since around September 2006, he did not have good business performance; (c) was unable to pay the employee’s benefits; and (d) the Defendant was obligated to pay approximately KRW 30 million loans for financial rights and approximately KRW 15 million bonds in the absence of tax payment; and (e) the Defendant did not have any intent or ability to repay money even if he borrowed money from the victim F, who is an employee of the said company.

1. On July 26, 2007, the Defendant, at the above E office, told the victim to “be paid within 2 months if he/she borrowed 10 million won or more to cover the operating expenses of the company,” and he/she acquired money from the victim to the Defendant’s agricultural bank account under the pretext of borrowing money.

2. On October 1, 2007, the Defendant, at the above E office, told the victim that “I will pay back within ten months if I borrowed money with a card loan that is urgently needed for the company’s operation,” and received money from the victim under the pretext of borrowing 4,410,000 won from the Defendant’s agricultural bank account by deducting KRW 90,000 from the pre-paid interest after having the victim obtain a loan from the Samsung Card.

3. On January 25, 2008, the Defendant, at the victim’s office located in the Eunpyeong-gu Seoul Metropolitan City Office 1-24, Dongsan-dong 1-24, the Defendant “in-house.”