person is a person.

On May 2014, the Defendant: (a) called the victim at an infinite place; and (b) called the victim, and (c) paid the amount of KRW 40 million to the high-end supplier; (b) but (c) paid the money as soon as possible if he/she borrowed KRW 10 million.

‘False speech' was made.

However, even if the defendant borrowed 10 million won, he did not have any intention or ability to repay it.

On May 15, 2014, the Defendant, by deceiving the victim, was transferred KRW 10 million to the Saemaul Treasury Account (E) in the name of the Defendant on May 15, 2014 from the victim.

2. The summary of the Defendant’s defense counsel’s assertion is merely a receipt of the instant money under the name of living expenses from the Defendant, leading to the marriage relationship with D, and does not borrow the said money from C to repay the price of the deposited goods as stated in the facts charged.

3. Determination

A. The prosecutor instituted the instant prosecution on the premise that the instant money is the borrowed money, ② at that time, the Defendant had no means or intent to repay the said money, and recognized the fact that the Defendant transferred the money from the Defendant C, a son’s partner.

B. Therefore, first of all, the above money is used to examine whether it is borrowed, and as evidence corresponding thereto, the accusation statement prepared in the name of C, the accusation statement prepared in the name of C (D No. 5 type, C is the first among the five types, and C is the third, the F is the prevention) about F, the police statement made in the suspect interrogation protocol (No. 2) against the defendant, and the statement made in D, C, C, and F among the suspect interrogation protocol (No. 3 times) about the defendant.

First of all, among the above evidence, the part concerning C and F's statement concerning the defendant's lending of money to D while stating the same words as the facts charged is pointed out by the defense counsel of the defendant.