The defendant shall be innocent.

1. Summary of the facts charged in this case

A. On March 3, 2008, the Defendant made a false statement to the Defendant C, stating, “I want to purchase pande pande raw materials prior to the pandeclion, and if there is money, I lent the money to the maximum extent possible.”

However, in fact, the defendant was living together with her husband's income, and there was no particular property or income, and he was liable for the debt of about KRW 14 million to financial institutions, such as the Nonghyup Bank and Samsung Card, and the Korea Credit Guarantee Fund was also liable for the debt of KRW 120 million, and thus there was no intention or ability to pay the debt even if he borrowed money from the victim.

Nevertheless, on March 17, 2008, the Defendant received 15 million won from the victim to his bank account from the victim and acquired it by fraud.

B. Around August 28, 2008, the Defendant made a false statement to the victim C that “A Do re-studio is to be used by two persons, which is too inconvenienceed.” The Defendant borrowed KRW 20 million of the studio deposit and borrowed KRW 20 million of the studio deposit. The Defendant made a false statement to the victim C. The Defendant borrowed the studio.

However, the defendant did not have the intent or ability to repay the victim's borrowed money in excess of his/her liability as above.

Nevertheless, the Defendant received from the victim each remittance of KRW 5 million from August 29, 2008, and KRW 20 million from October 30, 2008 to his bank account from the victim and acquired it.

2. The defendant argues that, through the consistent statement between the investigation agency and the investigation agency, there was no criminal intent to obtain money of this case at the time of the borrowing of each of the money of this case, and that the business of E operated by the husband of the defendant is merely a fact that the business of E operated by the husband of this case is insufficient to pay.

The criminal intent of defraudation, which is a subjective constituent element of fraud, is like the re-power, environment, details and execution process of the crime before and after the crime, so long as the defendant does not confession.