100,000,000 won shall be repaid within two months from the date of loan.

‘False speech' was made.

In fact, the defendant had received unemployment benefits at the time and used them as hospital expenses, etc., and even if he borrowed money from the damaged party, he did not have the intent or ability to pay it.

Ultimately, the Defendant, as seen above, was accused of the victim and was given one million won from the victim.

2. The defendant and his defense counsel's assertion are not only 1 million won but also 800,000 won.

At the time of borrowing, the Defendant provided a true explanation to the victim about the difficult situation and did not have the scope of defraudation.

On September 19, 2017, the Defendant repaid the full amount of KRW 500,000 to the victim, and KRW 800,000 to the victim on April 27, 2018.

3. First of all, among evidence requested by the prosecutor, the protocol of complaint filed by C and the police statements made by C are inadmissible.

In order to recognize the admissibility of evidence under Article 314 of the Criminal Procedure Act even when a statement by a person who has made a statement, such as a statement of a witness, was not proven by the statement made in the courtroom by the person who is not the defendant, the said person is unable to appear and make a statement in the official ruling due to his/her unknown whereabouts in a foreign country or any other similar cause, and the preparation of the document must be proved to have been made under particularly reliable circumstances.

In this context, the term "foreign residence" is insufficient only to the fact that a person who requires a statement is in a foreign country, and an investigation agency makes a statement during the investigation process.