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The defendant shall be innocent.
Reasons
1. On February 1, 2008, the Defendant made a false statement to the effect that, even if he/she borrowed money to the victim C, he/she did not have the intent or ability to repay it, the Defendant would make a false statement to the effect that he/she “the Defendant will make a letter of intent and make a full reimbursement within three days from borrowing KRW 10 million.”
The Defendant received from the victim the delivery of KRW 10 million from the victim, namely, telebanks.
Accordingly, the defendant was given property by deceiving the victim.
2. Determination
A. In full view of the following facts acknowledged by the record, the evidence submitted by the prosecutor alone by the defendant was deceiving the victim as shown in the facts charged at the time when the defendant borrowed the instant KRW 10 million from the victim.
It is insufficient to deem that there has been the criminal intent of defraudation, such as having no intention or ability to complete payment, etc., and there is no other evidence to acknowledge it.
(1) The victim did not directly say that he himself “the letter of intent, and the interior consciousness are well living.” The victim did not speak to himself, and it was only a speech made by other people at the place where the meeting is held by the Defendant, such as the Defendant.
(2) The victim, at the place where the defendant was a fraternity meeting, provided that "one million won is lent for 30,000 won as he/she was urgently used, provided the time-to-face, and that he/she would return money at a different place."
(3) The Defendant opened an order of KRW 50 million, which was prior to the loan of KRW 10 million from the victim, and was expected to receive the said order around February 2008, but other fraternity members were unable to receive the said amount because they failed to pay the amount.
D shall settle the amount of KRW 4,160,000,000 paid by the Defendant once in a claim and obligation with another person and not paid to the Defendant.
B. Therefore, the facts charged of this case are crimes.