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The defendant shall be innocent.
Reasons
The summary of the facts charged is between the defendant and the victim B.
Around August 7, 2014, the Defendant sent a phone to the victim at a non-permanent place at the Jeju city (hereinafter referred to as “the Defendant would have to pay money to him/her if he/she has paid it.” On or around the 11st day of the same month, the Defendant made a false statement to the victim that “if he/she lends money, he/she would have paid it more than 65 million won. If he/she first borrowed money, he/she would have paid it in combination with KRW 35 million which he/she first borrowed.” On or around the 20th day of the same month, the Defendant made a false statement to the victim that “on the 20th day of the same month, he/she can pay money to him/her more than 150 million won if he/she has paid money for five years.”
However, at the time of borrowing money from the victim, the Defendant did not have any special property or a certain high-income amount in addition to the Defendant’s financial institution’s liabilities worth KRW 23 million, and there was insufficient balance of the account in the Defendant’s name, and was economically insufficient to pay credit card bills normally. A plan was to use the borrowed money from the victim for investment in stocks with a high risk of loss of principal, and the Defendant did not have any experience in making investments in small and medium-sum stocks in the amount of KRW 10 million, and thus, the Defendant did not have any intent or ability to pay the borrowed money even after receiving it from the victim.
As above, the Defendant, from August 7, 2014 to October 20, 201 of the same month, by deceiving the victim as above, received KRW 140,500,000 from the victim as a loan account in the name of the Defendant, and received delivery of KRW 14,150,000 from the victim to the Cbank account in the name of the Defendant, and received KRW 53,500,000 from the above date to October 9, 2016.
Accordingly, the defendant was given money from the victim by deceiving the victim.
Judgment
There is a fraud in relevant legal principles.