사기
The defendant shall be innocent.
1. The summary of the facts charged is that the Defendant: (a) borrowed money from others to obtain money to make an investment to C, a fund-raising company without the same type of facts, and (b) did not have the ability to repay the money even if he borrowed money from the victim, such as using most of the dividends received from C, but did not have the ability to repay it; (c) on October 6, 2008, the Defendant made a false statement that “if he borrowed money, he will use it only for the two years of age” to the victim D; (d) on October 6, 2008, the Defendant received KRW 19 million from the victim, around 10,000,000,000 from October 19, 2008; and (e) received KRW 19 million from the victim on December 19, 19 of the same year; and (e) did not receive KRW 6984,00,000,000 from the victim.
2. Determination
A. The defendant and his defense counsel asserted that the representative director of the above C, a similar receiver, could not pay the money borrowed from the victim because he could not recover the investment money with the potential wind, and that the defendant did not have the intent to commit the crime of defraudation.
B. The following circumstances revealed by the evidence submitted by the public prosecutor, the public prosecutor, and the defense counsel are stated as follows: (i) even according to the indictment of this case, the defendant borrowed KRW 19 million from the victim D in 2008 and repaid the amount of KRW 12 million in excess of 10 million, and the amount in excess of the above borrowed principal is merely 6,984,00 won in excess of 1/3 of the above borrowed principal; and (ii) the victim D also made a loan to the defendant with the awareness that the defendant made an investment in the amount of KRW 50 million at the time of this court, with the awareness that he received the monthly dividends, and trusted money to the defendant; and (iii) the defendant made a statement that he refused to receive the balance of the borrowed amount in lump sum even if the defendant wishes to pay additional KRW 5 million to the victim; and (iv) the victim brought the Daejeon District Court against the defendant around 2012.