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The defendant shall be innocent.
Reasons
1. Summary of the facts charged "2014 Highest9568";
A. On January 2014, the Defendant made a false statement to the effect that “The Defendant, at the home of the Victim H located in Gangnam-gu Seoul Metropolitan Government, known as a member of another fraternity, would faithfully pay the Defendant KRW 40 million every month to the victim KRW 40 million.”
However, from around 2010 to around 2010, the Defendant failed to normally operate a system, such as where the Defendant could not pay the fraternity at time due to frequent payment from around October 2013 due to the unpaid payment of fraternitys.
In addition, the defendant did not have any special income other than the proceeds from the operation of the fraternity at the time, and there was no special asset other than the 203, Seocho-gu Seoul Metropolitan Government I Apartment Complex 203, the defendant owned, and the above apartment building mortgage (the maximum amount of 48 billion won) and provisional attachment (the claim amount of 85 million won) was established, and even if he received the senior fraternity from the victim, he did not have the intention or ability to pay the next fraternity normally.
Nevertheless, on January 6, 2014, the Defendant, by deceiving the victim as above and deceiving the Defendant, transferred KRW 339 million to a new bank account under the name of the Defendant to the new bank account in the name of the Defendant, with the belief that the Defendant would be able to keep the balance back.
B. From the above victim’s house, the Defendant made a false statement to the effect that “I will lend KRW 500 million to the victim one-month interest and repay the principal three months after the loan.”
However, even if the defendant borrowed money from the victim according to the economic circumstances difficult to do as stated in the preceding paragraph at the time, he did not have any intention or ability to repay it at the time.
Nevertheless, on January 11, 2014, the defendant deceivings the victim as above and believed that the defendant would pay the principal and interest to him/her at the time by deceiving him/her, and on January 49, 2014.