The defendant is innocent. The summary of this judgment shall be notified publicly.

1. On May 30, 201, the Defendant charged with the charge: (a) phone called the victim E from D operated by the Defendant, who is located in the Da, Chungcheongnam-gun, Chungcheongnam-gun, and two parcels of land, and caused a large amount of electricity to be cut off.

It is necessary to pay electricity tax in KRW 50 million.

It shall be paid in one month from the loan of money.

“A false statement” was made.

However, at the time of fact, the right to collateral security was established or a provisional seizure was made with respect to real estate owned by the Defendant, and the Defendant had already been absent from the obligation, and the above sea water had not been operated normally, and was unable to pay wages to employees, etc., and the Defendant had to pay 13 million won per month interest on the money borrowed from bank bills, etc. so there was no intention or ability to pay the borrowed money even if borrowed money from the injured party.

Nevertheless, the Defendant was transferred KRW 30 million to the Agricultural Cooperative Account under the name of the Defendant for the same day from the injured party.

Accordingly, the defendant was given property by deceiving the victim.

2. The gist of the defendant's assertion by defense counsel is that the defendant was unable to repay the borrowed money to the victim E due to the violation of real estate competition, business depression, non-collection of loan claims, etc., and the defendant was not willing to commit the crime of defraudation because he was sufficiently changing his ability at the time of borrowing money from the victim E.

3. The evidence submitted by the Prosecutor, the data submitted by the Defendant, and the testimony of the witness F, are as follows: ① at the time when the Defendant borrowed KRW 30 million from E to E, the Defendant was unable to pay wages to employees, etc.; ② the Defendant paid KRW 13 million monthly interest on the borrowed money in bank sphere, etc.; ② the Defendant borrowed KRW 30 million from E.