The defendant shall be innocent.

1. The facts charged [criminal record] The Defendant was sentenced to six months of imprisonment with prison labor for an attempted crime, etc. at the Seoul Western District Court on September 4, 2012, and was released from the Seoul Western District Court on May 17, 2012 and the judgment became final and conclusive on February 28, 2013, and completed the execution of the said punishment. On October 31, 2013, the same court was sentenced to ten months of imprisonment with prison labor and two years of suspended execution and the said judgment became final and conclusive on November 8, 2013.

[Criminal facts] The Defendant established D Co., Ltd. for the purpose of creating graves around 2000 and actually operates the said company.

On April 1, 2013, the Defendant is proceeding with the victim E with the G development project in the mutual infinite chain shop near Eunpyeong-gu Seoul Metropolitan Government Office.

In order to borrow 10 billion won necessary for the Corporation from H, the Corporation must pay 100 million won interest.

Inasmuch as there is no money due to the current temporary financial situation, it was false that the said KRW 100 million was loaned, “The said KRW 100 million would be repaid immediately after five days of the loan of the G Civil Works Secretariat.”

However, in fact, even if the Defendant borrowed money from the injured party due to the lack of any delegation of authority from the foundation managing the above G, the Defendant did not have the intent or ability to contract G civil works with the injured party.

Ultimately, on April 2, 2013, the Defendant: (a) by deceiving the victim as above; (b) received a total of KRW 70,000,000 from the victim; (c) received a total of KRW 50,000 from the ISC bank account designated by the Defendant; and (d) affixed the following seals thereon.

4.3. The Defendant’s name received KRW 4 million from the foreign exchange bank account in the name of the Defendant.

2. Determination

A. According to the evidence submitted by the prosecutor, the defendant ordered E and J to contract civil engineering works for KRW 6 billion during the G development project and borrowed KRW 124 million in total from E during the period of the G development project, and the defendant conducted a funeral development project from an incorporated foundation with the business right of G at the time.