The defendant shall be innocent.

Summary of Facts charged

1. On March 10, 2012, the Defendant: (a) stated that “E” operated by the victim D, who is in a considerable amount of Cheongju-si, Cheongju-si, that the Defendant would lend money to the victim within three (3) months, as the Defendant would be able to repay money to the victim.

However, the Defendant was liable for approximately KRW 30 million at the time, and the Defendant did not have any intent or ability to repay the borrowed money within three months, even if he/she borrowed money from the Defendant due to lack of certain occupation and income.

As above, the Defendant: (a) by deceiving the victim; (b) delivered KRW 5 million in cash from the victim’s seat to the victim; and (c) received KRW 5 million in cash from the bank account (post office G) in the name of F, his father, and received KRW 10 million in total from the Defendant’s wife (post office G).

2. On October 5, 2012, the Defendant: (a) stated, around October 5, 2012, that “E” operated by the victim D, who is in a considerable amount of Cheongju-si, Cheongju-si, provided that “E” the Defendant may pay money to the victim every day if he/she lends money to the victim; and (b) he/she has an apartment in He/she can pay the borrowed money if he/she disposes of the apartment.”

However, in fact, the defendant did not own apartment houses in Hesan and did not have an intention or ability to repay the borrowed money even if he borrowed money from the defendant because he did not have any obligation of KRW 30 million at the time, and there was no certain occupation and income.

The defendant deceivings the victim as above and received 5 million won in cash from the victim, namely, from the victim.

Judgment

1. Determination

A. As seen earlier, the Defendant recognized the fact that he borrowed a total of KRW 15 million from the injured party.

There are evidence to support the accused's deception, such as D, H's each legal statement, accusation room, prosecutor's protocol of interrogation of suspect against the accused (defluence D), D, and H's respective police statements.

B. However, each court testimony of D and H, and a protocol of interrogation of the suspect against the defendant (defluence).