The defendant shall be innocent.

1. On December 2009, the Defendant stated in the facts charged that “If the Defendant borrowed KRW 20 million necessary to repay the bonds, he/she will pay KRW 100,000 per month until December 20, 2010 to the victim E at the D trading shop operated by the Defendant, which was located in Dacheon-si, Dacheon-si, the Defendant would pay KRW 100,000 per month and pay the remainder eight million in lump sum.”

However, at the time, the Defendant had a debt amounting to KRW 17 million, such as bonds and loans, and the Defendant did not have any intent or ability to repay even if he borrowed money from the victim because it is difficult to pay monthly rent as much as it is difficult to operate the crowdfunding.

After all, the defendant, on December 21, 2009, remitted the amount of KRW 20 million from the victim as the borrowed money and acquired it by fraud.

2. According to the evidence duly adopted and examined in this Court, the following facts are recognized.

① The Defendant lent money to the victim as friendly with the victim, and the Defendant borrowed money to the victim that he/she is difficult to obtain bonds due to his/her economic situation.

(2) At the time, at the time, the defendant did not have any particular obligation other than 10 million won in bonds and 7 million won in loans.

③ The Defendant operated a crowdfunding, and the husband of the Defendant was paid monthly salary, and the Defendant’s household income was at least KRW 3 million per month.

④ The Defendant subscribed to the fraternity and paid the fraternity monthly, and paid the fraternity amounting to KRW 18 million in 2010.

⑤ Since the Defendant was the victim’s child, the Defendant used the fraternity and retirement allowance first to repay other obligations. By April 201, the Defendant repaid 2.3 million won interest to the victim and 5 million won principal around August 2011.

(6) On September 201, 201, the Defendant’s husband retires and the Defendant’s operation of the crowdfunding shop becomes difficult, and the economic situation worsens, thereby making the Defendant’s individual rehabilitation around February 2012.