The defendant shall be innocent.

1. The summary of the facts charged was that on January 14, 2010, the Defendant entered into a contract to purchase the same Gun F factory site and building owned by E in the “D” office located in Geumsan-gun, Chungcheongnam-do, for KRW 380,000,000,000 as the down payment on that day, and paid KRW 38,000,000 as the down payment on that day, and succeeded to the secured debt for the right to collateral security (the maximum claim amount of KRW 390,000,000,000) of the Ambassador Credit Union (hereinafter “Korean Ambassador”) established on that real estate, and excluded the land and building in the same Gun as the joint collateral of the right to collateral security, and paid KRW 42,00,000 by February 18, 2010.

In fact, the Defendant, at the time, was obligated to pay approximately KRW 625 million to I, credit service providerJ, K, etc., the lessor of the H Line, and around that time, the Defendant did not have any intent or ability to purchase real estate by succeeding to E’s obligation to the Ambassador, even if he/she acquired the ownership of the real estate purchased due to the discontinuance of the supply of the naval wave by the Defendant’s discontinuance of the operation of the restaurant chain.

On January 26, 2010, the Defendant: (a) upon fulfilling a contract on January 26, 2010, stated that “The transfer of the ownership registration of sold real estate first is changed; and (b) obtained the transfer of the ownership registration under the name of G Co., Ltd. from E and acquired the amount equivalent to KRW 380 million.

2. The Defendant denies the criminal intent to acquire real estate by asserting that he/she had the intent and capacity to purchase the real estate at the time when the investigation agency and the court consistently concluded the sales contract.

The establishment of a crime of fraud, which has acquired property benefits, shall be determined at the time of the conclusion of the contract or the delivery of property benefits, and even if the contents of the contract are not fulfilled due to the changes in economic circumstances thereafter, it is merely a default under civil law, and it cannot be said that a criminal fraud is established.