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The defendant is innocent.
Reasons
1. Summary of the facts charged in this case
A. On May 18, 2009, the Defendant stated that “Around December 30, 2010, the Defendant would complete payment by December 30, 2010, on the part of the victim D, a company operated by Kimhae-si, that “Around the State EE Office, located in G in G in G in G in G in G in the course of performing the mechanical manufacturing-related work against the Japanese company, and the Defendant would complete payment by December 30, 2010, by borrowing KRW 30 million from the Japanese company.”
However, at the time, the Defendant did not have any intention or ability to repay the loan amounting to KRW 13.7 million from the Korea C&T Bank, and even if the Defendant borrowed money from the Korea Saemaul Bank due to economic reasons such as cumulative lending of the loan amounting to KRW 30 million.
Nevertheless, the Defendant, as above, was accused of the victim and was given KRW 30 million from the victim around that time.
B. Around July 26, 2010, the Defendant stated that “Around July 26, 2010, the Defendant would make a false statement to the Defendant that “I will make a director to move within the office, and if I borrowed KRW 30 million from the Japanese company, I will make a lump sum payment to KRW 30 million,000,000,000,000,000,000 won prior to the completion of the H2 BX.”
However, at the time, the Defendant did not have any intention or ability to make timely repayment of the money to the victim, because the Defendant used the money from the victim for the repayment of personal debt, not for directors.
Nevertheless, the Defendant, by deceiving the victim as above, received 30 million won from the victim to the Gyeongnam Bank Account (J) of the Defendant.
2. Although the Defendant borrowed money from the victim as stated in the facts charged of the instant case, the Defendant borrowed money from the victim with the intent to repay the money with the proceeds accruing from the partnership relationship between the Defendant and the victim and the actual purpose of business.