The defendant shall be innocent.

1. The facts charged and the summary of the defendant's assertion

A. On October 30, 2013, the Defendant stated that “E” from the “E” of the victim’s operation of the victim located in Gwangju Northern-gu Seoul Northern-gu, “If the victim lends KRW 10 million to the victim, the principal shall be paid at KRW 500,000 per month, and the principal shall be repaid within six months.”

However, in fact, the defendant was unable to pay the employee's benefits due to the business depression of an insurance agency that was operated by the defendant, and there was no special property.

Rather, the defendant bears approximately KRW 50 million, and even if the defendant borrows money from the victim, he did not have the intention or ability to complete the payment.

As such, the Defendant, by deceiving the victim as such, received 9 million won from the victim to the new bank account in the name of the Defendant on the same day.

B. At the time of the Defendant’s assertion, the Defendant operated an insurance agency, and the insurance solicitor was merely unable to repay the money with the wind that he/she voluntarily withdraws, and does not have any intent or ability to repay the money from the beginning.

2. According to the evidence duly examined facts, ① the Defendant, who operated an insurance agency, introduced the victim who operated the pawning business by F’s intermediation and borrowed KRW 9 million as indicated in the facts charged; ② the Defendant borrowed money and prepared a notarial deed containing KRW 12 million with the principal as stated in the facts charged; ③ the Defendant, at the time of committing the instant crime, was liable for approximately KRW 43,120,000 (= KRW 55,120,000 - KRW 12,000) as indicated in the notarial deed; ④ the Defendant was unable to repay the full amount of the borrowed money; ⑤ the fact that the Defendant applied for personal rehabilitation on March 11, 2014 is recognized.

3. Determination

(a) In the event of a problem of fraud with respect to a transaction conducted in the course of implementing the relevant legal doctrine, the business manager is involved in the transaction.