The defendant shall be innocent.

1. Around June 16, 2011, the summary of the facts charged stated in the charge that “The Defendant shall repay the victim D with the amount of money that he/she borrowed, as soon as possible, to operate the clothing store whose daily sales are approximately KRW 10 million per day in Young-dong, Young-gu, Suwon-si.”

However, the Defendant did not have any intent or ability to repay money even if he/she borrowed money from the victim due to extremely aggravated financial conditions, such as the Defendant’s obligation of KRW 500 million, which occurred in the course of operating the above clothes store, including the obligation of KRW 6-700 million, etc. at the time.

As such, the Defendant, by deceiving the victim, received KRW 400,000 from the victim on the same day, and received KRW 870,000 from that time to February 13, 2013 all the amounts, as shown in the crime inundation table, 99 times in total.

2. The summary of the defendant's and his defense counsel's assertion begins to give money to the defendant for the purpose of the criminal defendant's recovery, and then the defendant voluntarily provided money to maintain the relationship after the defendant became in an internal relationship with the defendant, and the defendant did not borrow money by deceiving the victim.

3. Determination

A. The intent of the crime of defraudation, which is a subjective constituent element of the crime of fraud, should be determined by comprehensively taking into account the objective circumstances such as the Defendant’s financial history, environment, details and details of the crime, and the process of transaction performance, insofar as the Defendant does not make a confession. Meanwhile, the recognition of guilt ought to be based on evidence with probative value so that the facts charged are true to the extent that there is no reasonable doubt by the judge. Therefore, if there is no such evidence, even if there is suspicion of guilt against the Defendant, it is inevitable to determine it as the benefit of the Defendant, which is a subjective element of the crime of fraud.