The defendant shall be innocent.

1. On August 29, 201, the Defendant: (a) applied for a loan of KRW 95,00,000 to the employees of the said victim’s company to purchase more construction equipment to the said employees C (D) at the victim’s capital office located in Chungcheongnam-gu, Daejeon-gu, Daejeon; (b) on August 29, 201, the Defendant agreed to pay the principal and interest on the monthly installment at a rate of KRW 19.9% per annum for 48 months.

However, at the time of fact, the Defendant was in bad credit standing while running the business of collecting aggregate around 2010 and was in bad credit. Since the amount of tax in arrears is about 130 million won and thus, the Defendant was unable to obtain a loan under his/her own name, he/she applied for the loan on the ground that he/she was the purchaser of the above construction equipment and the nominal owner of the loan, and even if he/she received the money from the damaged person for the purpose of the loan, he/she did not have the intent or ability to pay the principal and interest at the annual interest rate of 19.9

On September 7, 201, the Defendant received KRW 95 million from the injured party under his/her name as a loan around September 7, 201.

Accordingly, the defendant was given property by deceiving the victim.

2. We examine the following circumstances, which can be recognized by the evidence duly adopted and investigated by this Court, i.e., the Defendant: (i) concluded a loan agreement with the victim company using the name of the lending company as the guarantor because he did not engage in the act as he was no bad credit holder; and (ii) concluded a loan agreement with the victim company using the F as the guarantor; (iii) it appears that G’s legal statement corresponds to the Defendant’s legal statement and there is no special reason for G to make a false statement; (ii) the Defendant’s loan agreement was concluded after the agreement was concluded on the aggregate collection contract for the construction equipment of this case, which the Defendant agreed to purchase under the name of E; and (iv) the construction equipment of this case was provided as a security; and (v) according to the said construction equipment lease agreement.