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

1. On February 26, 2015, the Defendant presented a false real estate lease agreement to the victim E at the D coffee shop located near Gangnam-gu Seoul Metropolitan Government C on February 26, 2015, and “No. 2,000,000 won per day will be provided if he/she invests KRW 6 million.

“A false statement” was made.

However, the defendant did not enter into a real estate lease agreement and did not have money, so even if he received an investment from the injured party, he did not have the intention or ability to normally operate the shop.

As such, the Defendant, by deceiving the victim, obtained a total of six times, including KRW 16,50,000 on February 27, 2015, KRW 26.5 million on March 26, 2015, KRW 1 million on March 3, 2015, KRW 200,000 on March 4, 2015, and KRW 550,000 on March 9, 2015, KRW 16,50,000 on a total of six times, including KRW 50,000 on March 11, 2015.

2. The assertion and judgment

A. The Defendant and his defense counsel argued that they were given investment money from the injured party as stated in the facts charged in the instant case, but at the time, they had the intent or ability to actually operate the shop and pay the profits to the injured party, and thus, they do not acquire the invested money from the injured party.

B. 1) Determination 1) The burden of proving the criminal facts charged in a criminal trial is to be borne by a prosecutor, and the conviction of guilt is to be based on evidence with probative value sufficient for a judge to have a reasonable doubt that the facts charged are true. Therefore, if there is no such evidence, even if there is suspicion of guilt against the defendant, the determination should be based on the benefit of the defendant.

2) According to the records of this case, the following facts are recognized.

(1) At the time of investment, the Defendant presented a real estate lease agreement to the victim on February 26, 2015, and (1) on February 26, 2015.