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The defendant shall be innocent.
Reasons
1. On September 28, 2012, the Defendant was sentenced to one year of imprisonment for fraud at the Seoul Eastern District Court on September 28, 2012 and the judgment became final and conclusive on November 23, 2012.
In around the end of 2008, the Defendant was working as the Vice Minister at the Doyang Agricultural Branch in Seoul, the Doyang Soil Group D in Seoul, and he was aware of the victim, and he was aware of the victim's net E, and he was aware of the victim's friendly acquisition of money under the name of borrowing money from the victim by using reliance on the defendant's reliance on the defendant's reliance.
On November 9, 2009, the Defendant stated that “I will pay the principal at any time when I wish to lend the money to the victim, if I wish to pay interest on the money.”
However, around November 2009, the Defendant was liable to pay a total amount of KRW 138 million and interest of KRW 50 million and KRW 138 million and KRW 50 million and KRW 120 million and KRW 600,000 and KRW 500,000,000,000,000. In addition, the Defendant did not have any other obligation to repay the principal and pay the principal to them under the condition that the principal is repaid from the F’s mother, etc. on condition that the principal is repaid, and there was no other property to pay the principal and interest of KRW 600,000 and KRW 600,00 for each month. The Defendant’s income alone was difficult to repay the above existing obligations and interest because it was difficult for the Defendant to repay the principal and interest of the victim, even if the victim borrowed money from the victim, there was no intent or ability to pay interest.
Nevertheless, the Defendant received 50 million won as a loan from the victim through the Marins Account (G) from November 9, 2009 to December 14, 2010. On January 4, 2010, the Defendant received 30 million won as the same name, and received 15 million won as the same name on August 18, 2010.
Accordingly, the defendant deceivings the victim as above and acquired a total of 95 million won from the victim.
2. Determination
A. Criminal facts in a criminal trial.