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The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. On January 201, the summary of the facts charged in the instant case, the Defendant made a false statement to the effect that “B shall lend the names of children of the party to the instant case to C, and if so, transfer two of the loans located in the Jung-gu Incheon Metropolitan City D, Jung-gu, Incheon, to the name of their children, and obtain loans from his/her children under the name of his/her children, and immediately repay the existing debt KRW 1.50 million for the party to the instant case,” and C sent such details to the victim E and the victim F.
However, the defendant thought that he will use the money borrowed under the name of the victims to repay his personal debt to G, and there was no intention or ability to use the money to repay his existing debt to C.
Around January 20, 2011, the Defendant, by deceiving the victims and obtaining the consent of the victims, obtained a loan from the victims, and then acquired a total of KRW 196 million in the name of the victims from the Yeongdeungpo-gu Fisheries Cooperatives, by borrowing KRW 98 million in the name of the victims.
2. The main evidence corresponding to the facts charged in the instant case is that C’s statement in this Act and the investigative agency is made.
However, in full view of the circumstances such as the witness H and I’s statement and the fact-finding certificate submitted by the defense counsel, the reference materials submitted by the defendant, and the fact that C is engaged in the construction business like the defendant, C appears to have been aware that the defendant obtained a loan under the name of the victims and once he was aware that he would first repay his obligation to G et al., a senior mortgagee of each of the instant
Therefore, it is difficult to believe that C’s investigation agency and this court’s statement that the Defendant had deceiving himself/herself to immediately repay 150,000 won of the existing debt to himself/herself under the name of his/her children with respect to 2,00,000 won out of the loans stated in the facts charged in the instant case from Yeongdeungpo-gu Fisheries Cooperatives.
In addition, only other data submitted by the prosecutor are the accused.