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The defendant shall be innocent.
Reasons
1. Summary of the facts charged (2015 Godan5093)
A. On October 14, 2013, the Defendant made a false statement to the effect that “The Defendant would repay KRW 6,600,000,000 to the victim F, an employee of the Defendant, upon receiving a loan from the head of the E company G team in four names because he/she is in need of a loan to the head of the E company G team.”
However, at the time of fact, the defendant did not have any intent or ability to pay money according to the promise, even if he borrowed money from the victim, such as being preparing for marriage without any property or income.
Nevertheless, the Defendant, by deceiving the victim, received 6 million won from the lending company from the victim to the national bank account under the name of H at the time of such deception.
B. On May 2014, the Defendant made a false statement with the purport that “F would have paid money to the above E office, which was temporarily suspended, and did not pay monthly pay to its employees.” On the contrary, the Defendant made a false statement to the effect that “F would have received the J in the Southern-gu Incheon Southern-gu, Incheon, with a thickness of his parents, prepare KRW 20 million.” If the Defendant borrowed money, the Defendant would have to repay the payment of the passbook.”
However, in fact, the money entered in the passbook at the time was insufficient to repay the existing debt, such as the employee's salary, and the defendant was unable to recover the money invested in the laundry business, and even if he borrowed money from the F's parents, he did not have the intention or ability to repay the money according to the promise.
Nevertheless, the Defendant, by deceiving F as such, gave money from F to the victim K and L, whose parents are his parents at that time, and gave money by delivering the statement to L, and there is only the sum of funds raised by victims, including KRW 12.5 million on June 10, 2014 through the Defendant’s name bank account, and KRW 1,95 million on June 13, 2014 through the Defendant’s name bank account.