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The defendant shall be innocent.
Reasons
1. Around February 8, 2010, the summary of the facts charged, the Defendant, at the office of the victim D in Gangseo-gu Seoul Metropolitan Government, sent money to F and sold the H bus transferred from G to I without permission of F. The Defendant, who personally used the purchase price, made a false statement that “If he/she lends KRW 10 million to Jeju-do, he/she would make reimbursement without permission until March 30, 2010.”
However, there is no money in the number of the complainants, and it is unclear whether the bus can be recovered, and even if the bus is sold in another place, there was no intention or ability to repay even if it is borrowed money from the victim, such as payment of the sales proceeds to F.
As such, the Defendant, by deceiving the victim as such, obtained KRW 10 million from the victim as the borrowed money, and acquired it by fraud.
2. Each statement of D (the chief of the appeal, the police's statement, the police's protocol of interrogation of the accused's suspect), the I's statement (the police's statement, the police's protocol of protocol of interrogation of the accused's suspect), and the I's statement (the police's statement
Rather, the following circumstances acknowledged by each of the above evidence, i.e., ① the Defendant did not talk about the recovery of H buses in Jeju-do at the time of borrowing KRW 10 million on February 8, 2010, and only five to six months after lending KRW 10 million to the Defendant, and the Defendant stated in the court that he had talk about the above bus, and it is difficult to deem that the Defendant had committed deception, such as the written facts in the facts charged, with regard to the above bus. (ii) However, the Defendant stated that D stated in advance that the above use of KRW 10 million was “for refund of the above bus,” but according to the I’s statement, the Defendant borrowed KRW 25 million to I as collateral.