The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. On December 21, 2004, the Defendant established C Co., Ltd. (hereinafter “C”) for the business of producing and exporting worships for automobiles, and thereafter resigned from the representative director, and served as the representative director again from March 31, 2014.

On January 9, 2015, the Defendant: “A notary public located in Gangnam-gu Seoul Metropolitan Government D, in a law firm E office, issued a victim F with “The Defendant, at the law firm E office, issued a bill to transfer 5.6% (740,000 shares) of C shares held within that date, to the effect that C would not pay the price of raw materials to G because it was unable to pay the price of raw materials, and that it would have paid the price to G and operate the company.”

However, since shares C in the name of the defendant had already been established with H around December 2006, there was no intention or ability to provide as security for transfer because they had already been established with the right of pledge.

Thus, on January 12, 2015, the defendant deceiving the victim as above and caused the victim to create the right to collateral security of KRW 624,00,000,000 owned by the victim, Gangdong-gu Seoul Special Metropolitan City I loan 104, 104, 104, 104, and 520,000,000 from the new bank under the name of J Co., Ltd. to obtain the third party property profit equivalent to the same amount.

2. The summary of the defendant's and defense counsel's assertion is acknowledged that the defendant committed the same act as that stated in the facts charged of this case, but the defendant did not deceiving the victim, and there was no intention to defraud the victim.

The argument is asserted.

3. Determination

A. The relevant legal doctrine of fraud is established by deceiving another person by deceiving him/her, leaving him/her into mistake, and inducing a dispositive act, thereby receiving property or gaining pecuniary advantage. There must be a causal relationship between deception, mistake, and property disposal act.

On the other hand, what act constitutes a deception that causes mistake to others, and whether such deception and property disposal are related to the causal relationship, is the situation of transaction.