The defendant shall be innocent.

1. The summary of the facts charged in the instant case is suspected of embezzlement of KRW 9.5 million for the middle and high-speed sales proceeds from KRW 9.5 million from the victim C and defraudation of KRW 43.5 million. On November 8, 2010, the Defendant issued a notarial deed stating that “A notary public, Gangseo-gu Seoul Metropolitan Government 6, 98-9, a notary public, was unable to repay the incurred amount even in the future due to economic difficulties, shall not be able to repay the incurred amount in the future, but shall not be able to repay the amount in the future,” and that “a notary public, who will make a notarial deed as security, will make a lump sum repayment of KRW 5.5 million by February 10, 201,” and acquired property benefits for which the repayment date is postponed by the victim.

2. Fraud means an act of disposal of property in this context, which is established when it is established by deceiving others, making them omitted into mistake, and inducing such an act of disposal to gain the benefit of property or property.

In addition, a crime of fraud is established in the event a debtor issues and delivers a bill for the purpose of delaying the maturity of the previous obligation without any intention or ability to pay the creditor by the prescribed time limit, since it is a property interest in fraud. However, in such a case, it is reasonable to view that there is a premise that a specific economic loss occurs to the debtor in the event that the exercise of the claim was immediately conducted without delay of performance of the obligation, and that there was a property benefit by delaying the performance of

(see, e.g., Supreme Court Decision 98Do3282, Dec. 9, 1998). According to the health care unit and the evidence submitted by the Prosecutor, the following facts are acknowledged.

The defendant was accused of embezzlement against the above 9.5 million won, and fraud against the above 43.5 million won. On November 8, 2010, "the defendant borrowed 50 million won from the victim on November 8, 2010, and borrowed 50 million won from the victim on February 10, 201.