However, even if the defendant receives the above money in D, he did not intend to use the above money as living expenses, etc. and did not intend to use it to repay the borrowed money to the victim.

Nevertheless, on July 20, 201, the Defendant, by deceiving the victim as above, received KRW 20 million from the victim to the Agricultural Cooperative Account in the name of E, his/her father or mother.

The reasons for the judgment of innocence

1. At the time of July 10, 201, when the Defendant and his defense counsel claimed money from the victim, the Defendant had a claim amounting to KRW 87,120,00 with respect to D (hereinafter “D”). However, upon receiving repayment of the above claim, the Defendant intended to pay KRW 21,00,000 to the victim first, and the remainder was used to adjust the obligation to the customer. However, on August 5, 2011, the Defendant Company F (hereinafter “F”) and G had no choice but to transfer KRW 72,00,000 among the Defendant’s above claim against D against the Defendant on September 26, 201 to F and G, and had no intention to use the money from the beginning due to the Defendant’s non-payment of KRW 15,120,000,000,000,000,000,000,000 from D, prior to the date of assignment of claim.

2. Determination

A. In light of the circumstances where the defendant can obtain the intention of defraudation, 72 million won out of the above bonds against D is F.