beta
Text
The defendant shall be innocent.
Reasons
1. On June 2018, the Defendant stated in the facts charged that “The victim E, who was raising funds related to the acquisition of Dagra in Seocho-gu Seoul, Seoul, would not know the head of the G organization. The Defendant would receive a payment guarantee of KRW 20 billion in the name of the G organization by using the cost to the head of the headquarters via the G organization, on the face of the State F.”
However, even if the defendant receives money from the victim, he did not have any intention or ability to use it as a rain fund or to obtain a payment guarantee certificate.
The defendant is in the same month from the victim.
6. 21. The amount of KRW 10 million was remitted to the H account (I) in the name of the Defendant for the purpose of the street funds.
2. The fact that the defendant received KRW 10 million from E as stated in the facts charged is also recognized by the defendant.
However, there is only the statement of E in the court and the investigative agency as direct evidence that conforms to the fact that the defendant deceivings E and remitted the above money by the statement in the facts charged. In full view of the following circumstances revealed through records and arguments, it is difficult to believe the above statement of E as it is, and even if all the remaining evidence submitted by the prosecutor are examined, it is insufficient to recognize the fact that the defendant acquired money by deceiving E as stated in the facts charged.
The defendant, with the introduction of J, consistently asserts that E has remitted the above-mentioned cost of KRW 10 million to the defendant from the above-mentioned cost preservation level because E intended to build a new apartment in order to arrange a loan of KRW 35 billion in the land purchase fund in Osan in Gyeonggi-do.
B. K, who was present in the above introduction place with the defendant, was the defendant and the investor involved in the construction project of the Osan apartment, was the defendant at the police station.