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The defendant shall be innocent.
Reasons
1. On April 2010, the Defendant concluded a false statement to the effect that “The Defendant would lend KRW 200 million to the victim C with the right to collateral security established by F and G in order to sell and sell a detached house located in E, which is owned by the Party D, in order to repay the said debt.” The Defendant concluded a false statement to the effect that F and G would lend KRW 200 million to F and G with the right to collateral security upon the termination of the right to collateral security, and then sell and sell the said house with the right to collateral security, which would lend KRW 200 million.”
However, on April 2010, the Defendant did not have any special property under the name of the Defendant. As to the above housing registered in the name of the Defendant, a collateral security right with a debt equivalent to the value of the housing was established, and a debt equivalent to KRW 3 billion was paid every month while the Defendant was responsible for the debt equivalent to KRW 600-7 million, and the Defendant was willing to acquire money by deceiving the victim as the need for payment of interest, living expenses, etc., even though he did not have any intent or ability to repay it even if he borrowed KRW 200 million from the victim by viewing it as the Defendant’s property state, such as there was little monthly income.
On May 4, 2010, the Defendant received KRW 100 million from the victim to the national bank account in the name of H, and KRW 100 million from the national bank account in the name of wife D on the 10th of the same month.
Accordingly, the defendant was given property by deceiving the victim.
2. The defendant and his defense counsel borrowed money from C, but the defendant will pay the money with the profits that he would obtain through the business of this case, but if he did not receive any profits, he would sell the house of this case and pay the money. Since C did not pay the profits generated from the business of this case to the defendant, it does not intend to pay the money from the time when C borrowed money. At the time of the defendant lending money from C, the business of this case was already in progress.