The defendant shall be innocent.

1. The Defendant is a person who operates a trade event event company called (State)D.

On April 30, 2014, at the GIndustrial Business Office of F, the complainant in Mapo-gu Seoul Mapo-gu, "I wish to carry out the project at home. I want to enter into a business contract urgently, and the price is required as the down payment. I want to use the money only once a month and pay without a mold."

However, the fact did not have the intention or ability to pay even if the price is paid as above.

In this regard, it was obtained from the victim to receive 15 million won as the H of the Han Bank.

2. Determination

A. Fraud is established by deceiving others, leaving them into mistake, inducing a dispositive act, thereby obtaining property or pecuniary advantage, and there must be causation between deception, mistake, and property disposal act.

On the other hand, whether a certain act constitutes a deception that causes mistake to others, and whether there exists a causal relationship between such deception and property disposal should be determined generally and objectively in consideration of the transaction circumstances, the other party's knowledge, character, experience, occupation, and other specific circumstances at the time of such act.

(see, e.g., Supreme Court Decision 2011Do8829, Oct. 13, 2011). Meanwhile, the subjective constituent elements of fraud are to be determined by comprehensively taking account of the objective circumstances such as the Defendant’s financial power before and after the crime, the environment, the content of the crime, the process of transaction, and the relationship with the victim, unless the Defendant makes a confession.

(See Supreme Court Decision 97Do2630 delivered on January 20, 1998). B.

A victim's statement in the investigative agency and court is made as evidence corresponding to the facts charged of this case.

However, in light of the following circumstances acknowledged by the record, the defendant is not liable for the non-performance of civil liability against the victim, and the above evidence alone is only the loan money at the time of the loan.