사기
The defendant shall be innocent.
1. The summary of the facts charged is as follows: (a) on May 1, 2012, the Defendant: (b) stated that “The Defendant was sent KRW 47 million from the victim’s victim D, who was assigned to the Jeonpopopopoon, to the Jeonpoon, and was in need of money to find out the failure; and (c) to hold the right to exercise the right to exercise the right to exercise the right to exercise the right to exercise the right to exercise the right to exercise the right to exercise the right to exercise the right to exercise the right to exercise the right to exercise the right to exercise the right to exercise the right to exercise the right to exercise the right to exercise the right to exercise the right to exercise the right to exercise the right to exercise the right to exercise the right to exercise the right to exercise the right
However, even if the Defendant did not own the above commercial building at the time of borrowing money from the victim, the Defendant did not have any intent or ability to complete the registration of establishment of a collateral for the said commercial building with the victim as the creditor.
Nevertheless, the Defendant was issued KRW 47 million to the victim by deceiving the victim as above.
2. The facts charged of the instant case are based on the premise that the Defendant was unaware-gu E commercial building in Bupyeong-gu in Incheon (hereinafter “instant commercial building”), although the Defendant did not own the commercial building in Bupyeong-gu, Incheon, (hereinafter “instant commercial building”), and there is each statement in D’s investigative agency and this court as evidence corresponding thereto.
However, in light of the following circumstances, it is difficult to believe each of the above statements of D as they are, and other evidence submitted by the prosecutor alone is insufficient to recognize the facts charged of this case without any reasonable doubt, and there is no evidence to prove otherwise.
① If the completion of the registration of the establishment of a neighboring building in the instant commercial building, like D’s statement, was a major condition for the lending of money, D is ordinarily required to lend the above KRW 47 million on May 11, 2012 to the Defendant prior to or at least immediately after the lease of the said KRW 47 million.
However, before August 18, 2012, D will make the registration of the establishment of a neighboring mortgage to the defendant.