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

1. On January 28, 2008, the Defendant stated that, at the E office of the Defendant’s operation of the 14th floor of the building in Gangnam-gu Seoul Metropolitan Government, the victim F promoted the construction work of the main complex building (hereinafter “instant construction work”) on the site located adjacent to the present Malaysia Water Supply Co., Ltd., and if the construction fund is lent, the Defendant would make repayment to the end of May 2008.”

However, in fact, although the Defendant thought that he would raise funds through the project financing process for the instant construction project and repaid the funds from the victim, it was not clearly determined by the financial company to participate in the project financing process at the time. The Defendant had not been able to fully repay the funds from other persons who already borrowed money from the other persons in relation to the instant construction project due to the relationship that there was no sales in connection with the instant construction project and was only an expenditure, but did not fully repay the money. Therefore, even if he borrowed money from the victim for the purpose of the construction project, the Defendant did not have the ability to timely repay the money.

On January 30, 2008, the Defendant received 381 million won from the victim to the account in the H’s name designated by the Defendant on January 30, 2008 and fraudulently acquired it.

2. In a criminal trial, the burden of proving the facts constituting an offense prosecuted is to be borne by the public prosecutor, and the conviction is to be based on evidence with probative value sufficient for a judge to have the truth of the facts charged to the extent that there is no reasonable doubt. In the absence of such evidence, even if there is a doubt that the defendant is guilty, the judgment is to be made in the interests of the defendant.

(see, e.g., Supreme Court Decision 2005Do8965, Feb. 10, 2006). In addition, whether a crime of fraud is established shall be determined at the time of such act, and the economic situation after such act changes.