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The defendant shall be innocent.
Reasons
1. Facts charged;
A. On August 27, 2014, the Defendant against the victim B, at a D cafeteria located in Seongdong-gu Seoul Metropolitan Government, made a false statement to the victim B, stating, “Around August 27, 2014, the Defendant received from the victim B construction work, such as gathering earth, sand, and rock, on a scale of 150,000 square meters, which supplies earth and sand to a F industrial complex, at the soil borrow-owned site owned by E, which is located in the 150,000 square meters south south, and if the initial construction cost is only KRW 100,000,000,000,000 won, the loan will be used for the supply of the F Industrial Complex development
However, the Defendant did not have entered into a contract for the supply of soil and sand for reclamation to the F Industrial Complex Creation Corporation, and even if the Defendant borrowed money from the victims, he did not have any intent or ability to complete the payment.
The Defendant received total KRW 100 million from the victim to the Agricultural Cooperative Account in the name of the Defendant, for the purpose of borrowing money, KRW 20 million on August 27, 2014, KRW 60 million on September 5, 2014, KRW 10 million on September 23, 2014, and KRW 10 million on October 13, 2014.
Accordingly, the defendant was given property by deceiving the victim.
B. On April 14, 2015, the Defendant against the victim B and the victim H made a false statement that “A notary public, who is located in Seo-gu Seoul Special Metropolitan City, Seo-gu I, shall start to supply K at the law firm office, and the victim H, “The construction of L to start the supply of K if the next month is below. When investing KRW 170 million to KRW 100,000,000,000,000,000,000,000 won, which was previously borrowed, will be paid in installments for KRW 2 billion, but the investment profit will be paid in installments for 40 months.”
However, the defendant did not have a delivery contract with K, and even if he borrowed money from the victims, he did not have any intention or ability to complete the payment.
The Defendant received a total of KRW 164 million from the victim H to the Agricultural Cooperative Account (G) in the name of the Defendant, with KRW 70 million on April 22, 2015, KRW 50 million on May 4, 2015, KRW 20 million on May 7, 2015 from the victim B, and KRW 24 million on June 6, 2015.