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The defendant shall be innocent.
Reasons
1. Summary of the facts charged
A. A. Around May 201, the Defendant need to pay money in order to operate the Victim C’s “Daehan,” which is operated by the Victim C in the South-west Navy B. The Defendant loaned money to the Defendant within six months from selling the apartment that she lives at present. The Defendant said to the effect that she would sell the apartment that she lives at present.
However, in fact, the Defendant and the Defendant’s wife were raising funds by means of credit card loans, etc. due to the shortage of funds to operate Kim Han-dong Kim, and the Defendant was responsible for the Defendant’s financial rights amounting to KRW 20 million, and apartment houses held in the Defendant’s name were not worth establishing collateral security in E. Therefore, even if the Defendant borrowed money from the victim, there was no intent or ability to repay the money within the agreed period.
On May 24, 2011, the Defendant, by deceiving the victim as above, was transferred KRW 58,431,80 to the G bank account in the name of the Defendant’s wife under the name of the Defendant’s wife as the borrowed money.
B. Around April 2012, the Defendant stated that “The Defendant loaned money to the victim as it is necessary for the operation of the Glaver Gedb,” at the place indicated in paragraph 1.
However, in fact, the Defendant was liable to pay 30 million won or more to the financial authority, and the Defendant was also liable to pay 20 million won or more with the card card under the Defendant’s name. The apartment that the Defendant held in the name of his wife was not enough for the value of the right to collateral security was established in E, and even if he borrowed money from the victim, it was thought that it was used as personal living expenses such as external vehicle payments, card payments, insurance premium, etc., and did not think that it was used in relation to the operation of the Kim Gedon. Therefore, even if he borrowed money from the victim, the Defendant did not have any intent or ability to pay it.
As above, the Defendant is liable to the Defendant for the borrowed money from the victim on or around April 16, 2012, by deceiving the victim as above.