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The defendant shall be innocent.
Reasons
1. Summary of the facts charged in this case
A. On September 7, 2007, the Defendant: (a) received KRW 50 million from the victim in return for the subcontract for the construction of a new apartment complex on the ground outside of 3 lots of land in Ulsan-gu, Ulsan-si; (b) but did not perform the said construction work and did not return the said KRW 50 million.
On June 25, 2010, the Defendant made a false statement to the effect that the Defendant would make a full payment of KRW 160 million up to July 30, 2010, by adding the interest amount of KRW 50 million to KRW 50 million which was not repaid before the Defendant lent to the victim the amount of KRW 60,000,000,000,000 which was to be used as a business fund, at the SKSS apartment house located in Seocho-gu Seoul Metropolitan City, Seocho-gu.
However, on June 2010, there was no special property, while approximately KRW 1.8 billion was borne by the Defendant or Defendant E-management (hereinafter “E”), and around KRW 6.5 billion was delinquent in national and local taxes, and there was no special income but to pay KRW 46 million as operating expenses, such as monthly personnel expenses, and around that time, there was no intention or ability to repay the borrowed money from the victim by the due date, considering the financial status of the Defendant or E, even if he borrowed money from the victim as a result of the financial situation of the Defendant or E, etc.
In addition, the Defendant entered into a contract with I claiming that he/she was re-subcontracted by H (hereinafter “H”) of the “G Creation Project,” which was going into force in the Republic of Korea in the Republic of Sung-gun, J (hereinafter “J”) on November 24, 2009, and that he/she shall be paid KRW 120 million in return, but the contract was entered into between J (hereinafter “J”) and H (hereinafter “J”) on June 2009 to pay KRW 120 million in return. As the lawsuit was under way with respect to the construction right, the date of commencement is the date of commencement.