The defendant shall be innocent.

1. The Defendant is a person who vicariously performed duties as the president at a victim medical corporation C from January 2013 to July 2013.

On August 5, 2013, the Defendant concluded a false statement to the effect that “F, the president of the Victim C, who is the Plaintiff’s Foundation, would no longer receive the weak value, and would pay the weak value.”

However, in fact, the defendant only said F in order to repay the money borrowed individually from H, the representative director of G, and the victim C did not have an intention or ability to deliver the weak value that the victim C should pay to G.

Accordingly, around August 5, 2013, the Defendant deceiving F and caused F to transfer the victim C’s corporate fund of KRW 4 million to H’s account, thereby repaying KRW 4 million out of the Defendant’s debt to H, thereby acquiring property profits equivalent to that amount.

2. The assertion and judgment

A. The summary of the Defendant’s assertion is the victim C (hereinafter “victim C Foundation”).

4,000,000 won paid to this H was paid in a normal and weak value, and the defendant asserts that there was no fact that he/she deceiving F, the president of the Victim Foundation, and that he/she did not acquire any factual and proprietary benefits.

B. The following circumstances acknowledged by evidence duly adopted and investigated by this Court as to whether the Defendant deceptioned F, i.e., whether H was aware that the Defendant received the instant monetary payment from I as personal debt, i.e., the Defendant’s personal debt payment.

It is stated that ① at the time of receiving the instant monetary payment from the victim foundation, ② at the time of receiving the instant monetary payment from the victim foundation, the victim foundation, a third party of the victim foundation, who is not the defendant, has a defect, borrowed money, and paid the drug price.