The defendant shall be innocent.

1. Around October 29, 2009, the summary of the facts charged stated that “Around October 29, 2009, the Defendant, at the Defendant’s residence in Dongjak-gu Seoul Metropolitan Government, made a false statement to the victim D that “I will reduce E’s shares of stock companies E, which are operating within the country and are expected to make profits in accordance with their shares.”

However, in fact, the Defendant did not think that the Defendant would use the money to pay taxes in arrears to the Defendant’s operating company and to use it for the business of developing water purifiers. The Defendant’s management company did not have any corporate performance, and E did not have the ability to develop water purifiers, and even if developed, there was no intention or ability to pay the proceeds from sale, etc. to the victim.

Nevertheless, the defendant deceivings the victim as above, and thereby acquired it by putting them in front of the victim's 10 million won in the name of investment in the same day.

2. Examining the content of the instant facts charged in the judgment, the Defendant did not have the intent and ability to develop the water purifiers with the said money at the time of receiving KRW 10 million from the victim, and even if the Defendant developed the water purifier with the investment money, he/she did not have the intent or ability to pay the proceeds to the victim, as if he/she had such intent and ability.

However, on August 201, 2010, the victim confirmed that the defendant had a patent registration related to water purifiers under the name of the defendant company and stated that the defendant did not have any intent or ability to develop the water purifier. In compliance with the victim's statement, even if following the victim's statement, the victim deceivings the victim as if the defendant had no intent or ability to develop the water purifier at the time of receiving the said money.