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The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. On July 2014, the Defendant made a false statement in the facts charged of the instant case that “If the PC machine is to be prevented from entering an auction, it would be repaid by the end of December 2014, 2014, if the PC machine is lent in a way that it is urgently needed to pay money, it would be repaid by the end of the year of February 2014” to the victim D (the age of 52) within the Defendant’s vehicle located near Busan East-dong, Busan-dong.
However, at the time of fact, the defendant did not have any special property, and since the PC bank operated by the defendant reported the enemy, there was no intention or ability to repay the money even if he borrowed money from the victim.
As such, the Defendant, by deceiving the victim as such, obtained KRW 17 million from the victim on July 22, 2014, KRW 10.4 million on July 23, 2014, KRW 9.7 million on September 19, 2014, KRW 8.5 million on September 23, 2014, KRW 8.5 million on September 23, 2014, and KRW 19 million on September 30, 2014, and acquired it by deception.
2. Determination
A. According to the records of this case, the fact that the victim remitted the sum of KRW 60,760,000 to the E’s account or the Busan Bank account (hereinafter “instant account”) in the name of the Defendant from July 22, 2014 to September 30, 2014 is recognized (the victim claimed that he/she delivered the Defendant on September 19, 2014, KRW 3840,000,000,000 to the F. Busan Bank account, a parent of the victim’s wife, was remitted).
However, the records of this case revealed as follows: (i) the victim, despite being aware of the fact that the procedures for the auction of movable properties with respect to the computers of the PC were carried out as seen below, remitted to the account under the name of E, KRW 17 million on July 22, 2014, and KRW 10,400,000 on July 23, 2014; and (ii) E invests KRW 100,000,000 in each of the G, who is the births of the Defendant and the victim, and H as a early patrolman on July 2013; and (iii) loaned KRW 200,000,000,000,000,0000,000,000,000,000,000,000 won, as seen below, to operate the said PC.