The defendant shall be innocent.

1. Summary of the facts charged

A. On October 15, 2009, the Defendant: “Around October 15, 2009, the Defendant loaned KRW 55 million to the victim’s office located in Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government 12 as a business relationship; at that time, the Defendant borrowed KRW 30 million with the said money, plus KRW 50 million with the auditor’s indication, and paid KRW 135 million until December 31, 2009. The Defendant sold the same to the victim’s office located in Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government 12.”

However, in fact, the defendant had already been obliged to pay to other creditors, so there was no intention or ability to pay 135 million won to the victim until December 31, 2009.

Nevertheless, the Defendant made a false statement to the victim, and then received KRW 55 million from the victim to the Agricultural Cooperative Account in the name of E designated by the Defendant on the same day.

B. On November 26, 2009, the Defendant stated that “The Defendant would set up a collateral security on an apartment if the Defendant extended the remainder of the bid price and the registration cost for the apartment of fats to the Defendant, which is the need for an additional KRW 110,000,000,000,000,000,000,000 won, to pay money without selling it.”

However, even if the Defendant borrowed money from the victim, there was no intent to establish a collateral mortgage on the above apartment, and even if the land owned by the Defendant is sold, there was no intention or ability to repay the money to the victim by the end of December.

Nevertheless, the Defendant, as above, made a false statement to the victim, received KRW 91,178,820 from the victim’s new bank account in the name of F designated by the Defendant on the same day, and obtained KRW 18,821,180 in total from the NongHyup account in the name of E and obtained KRW 110,000,000 from the victim.

2. Determination

(a)the crime of fraud is established by defraudation of money borrowed;