The defendant shall be innocent.

1. The Defendant is the representative director of C Co., Ltd.

On June 2008, the Defendant made a false statement that “The Defendant had worked in SK and supplied telecommunication equipment to SK” to the victim at the office located in Songpa-gu Seoul, Songpa-gu, Seoul. The Defendant paid KRW 1.5 million per month, and if profits occur, the Defendant would first repay the investment amount, and return the principal even without making profits.”

However, the Defendant did not have any specific plan to supply equipment imported from the Japanese E company to the SK side, and there was no one to conclude a supply contract at the time, and it was the commencement of the business with the belief that the rent working in the SK had attempted to assist, and there was no other property or income. Therefore, the Defendant only attempted to use the equipment for the company’s operation funds, etc. with the victim’s money, and there was no intention or ability to return the principal of the money that the victim paid or lent.

Accordingly, the Defendant, by deceiving the victim as above, received KRW 50 million from the victim to the single bank account on August 25, 2008, and received KRW 170 million in total on five occasions from around that time to October 10, 2010, as shown in the annexed crime list.

2. Determination

A. The summary of the facts charged in the instant case and the summary of the Defendant’s indictment are as follows: (a) notwithstanding that the Defendant did not have any intent or ability to pay profits or return the principal of the borrowed money to the money received from the victim in the name of the operating funds of the company, the Defendant, by deceiving the victim with the same content as the list of crimes, thereby deceiving the victim to transfer the money totaling KRW 170 million from the victim (hereinafter “the instant money”).

In this regard, the defendant and his defense counsel have invested in the business that was in progress from the victim.