The defendant shall be innocent.

1. On December 31, 2012, the Defendant was transferred from the victim’s new bank account in M&A’s name for the loan of KRW 10 million on December 31, 2012, to the effect that “A son’s property in North Korea was succeeded to the property of North Korea, and the Defendant was entitled to receive L’s gift. To receive L’s property, the Defendant would be the administrator of L and created a gift document, etc., but if the necessary expenses are leased, the Defendant would have repaid 5 times or 10 times the principal amount.”

However, there is no fact that the defendant agreed to receive inherited property according to L's free will, and according to L's naturalization or the "Special Act on the Family Relationship, Inheritance, etc. between South and North Korean Residents", there is no intention or ability to obtain a gift of inherited property from L according to due process, such as permission of the Minister of Justice and juristic act through property administrator, etc.

In addition, from December 2, 2012 to June 2, 2014, the Defendant deceivings the victims in the same manner as indicated in the attached list 1 to 4, as shown in the annexed list of crimes, and thereby, the Defendant acquired the total amount of KRW 5 million from the victim J to the total of KRW 18 million on five occasions, total of KRW 9.5 million from the victim N, total of KRW 9.5 million on four occasions from the victim P, total of KRW 18 million from the victim P, total of KRW 18 million from the victim P, total of KRW 5.7 million from the victim Q and R on two occasions, and acquired the total of KRW 5.1.2 million from the victim P.

2. Determination:

A. Determination of the legal principles as to the establishment of a crime of fraud is based on the time of the act of fraud. Thus, if the borrower had intent and ability to repay money at the time of lending money in a loan for consumption, this is merely a non-performance under civil law even if the borrower did not repay money thereafter.