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The defendant shall be innocent.
Reasons
1. The summary of the facts charged is that the Defendant, as a person operating E farm in Chungcheongnam-nam Budget Group D, was pressured by financial institutions’ loans of KRW 65 million and debentures of KRW 438.5 million, and the interest payment of KRW 438.5 million was not made from time to time, and there was no intention or ability to repay money from others even if the Defendant borrowed money from others.
Nevertheless, the Defendant: (a) borrowed money from the victim to the victim F by establishing an agricultural partnership and suggesting that the Defendant carried out the same business; (b) denied the loan; (c) made a false lease contract with the victim as a lessee; and (d) expressed that the borrowed money is a security deposit; and (c) made a false statement at the above E farm Office around December 2009, stating that “I would give priority to repayment by lending KRW 5.6 million to the said E farm Office by paying the business funds of the juristic person being carried out at this time.”
As such, the Defendant, by deceiving the victim as such, received 5.6 million won in money from the victim on the same place as the borrowed money.
The Defendant, including that, from around that time to June 15, 2010, received a total of KRW 98,100,000 from the same place in the same manner as shown in the list of crimes in attached Form 1 at the same time, as the Defendant was given six times as a loan.
2. The following circumstances acknowledged by the records of this case, ① Defendant (a) entered into an entrustment agreement with H on September 10, 2007, under which the E farm is entrusted with the raising of cancer (out of the name of Defendant Defendant’s wife) owned by I and the gas station produced by his/her truster (out of the contract) between H on September 10, 207 (out of the expiration date is June 27, 2010; and the Korea-Japan Asset Management Co., Ltd. (out of the contract) provided funds to I for the said consignment; ② the victim F, Defendant, J (AC) and K, and K are separate from the termination date of the entrustment agreement.