The defendant shall be innocent.

1. In the facts charged, the Defendant concluded a service contract with the victim H and I using e-mail from June 7, 2014 to June 8 of the same month using the e-mail with the IT service company (ju) G in the Gu F during the game development period, and concluded a service contract with the victim H and I, who is the program developer, and the victim “to receive maintenance and repair services from June 2014 to July 2 of the same year from August 2014 at the high seas, and pay them without fail.”

However, the Defendant, at the time of April 2014, was in difficult conditions to operate the company normally due to the aggravation of finance, including the suspension of major projects, the delayed payment of wages of KRW 62,00,000,000,000, which were in progress by the company. On July 15, 2014, the Defendant used the service payment received from SamsungS as company wages and retirement allowances, etc. on the part of the victims, such as preparing bankruptcy proceedings on August 2014, the Defendant did not have any intent or ability to pay the service payment to the victims.

Nevertheless, the Defendant, by deceiving the victims as above, was provided with services equivalent to KRW 15 million from the victim H during the period from June 9, 2014 to July 31, 2014, and KRW 30 million, including KRW 15 million from the victim I, but did not pay the same amount.

2. According to the records, the fact that the defendant received service from H and I as stated in the facts charged and did not pay the cost is recognized.

However, in light of the following circumstances recognized by the record, the evidence submitted by the prosecutor alone is insufficient to deem that the defendant acquired the service without the intention or ability to pay the price, and the price is not paid due to unexpected business failure.