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The defendant shall be innocent.
Reasons
1. Summary of the facts charged in this case
A. On August 2015, the Defendant borrowed a total of KRW 1 billion from the representative director C of the Victim Co., Ltd. (hereinafter “B”) in the name of the deposit money for the D hotel club on KRW 340 million, and issued a total of KRW 1 billion in the name of the D hotel to a policeman among October 2015, but on October 2015, the Defendant was obliged to receive a refund of KRW 1 billion in the deposit money for the D hotel from D hotel from D hotel on the wind that no license for the business was granted on KRW 340,000,000 from D hotel on October 2015, 2015.
However, on November 7, 2015, the Defendant lent KRW 1 billion deposit to Co-Defendant E (hereinafter “E”) who was separated from the deposit amount of KRW 1 billion to C, with his/her intention to receive a return and to make a full payment, and received on December 1, 2015, the Defendant borrowed KRW 1 billion from D’s hotel to the F passbook in the name of the Defendant, and lent KRW 830 million to E on the same day.
After December 2015, 2015, the Defendant collected the borrowed money from C from E and demanded the return of KRW 1 billion to E whenever he/she received a demand to repay the borrowed money from E from the Hanman to the Hanman on April 2016.
(1) On February 4, 2016, the Defendant: (a) received KRW 200 million from the Defendant’s H alcohol house located in Gangnam-gu, Seoul to the above F passbook for the repayment of borrowed money from the Defendant’s management; (b) paid KRW 137.3 million to I for the repayment of borrowed money and consumed it; and (c) consumed KRW 200 million for eight times as indicated in the attached crime list Nos. 1 through 8; and (d) on March 4, 2016, the Defendant was transferred from E to the above F passbook for the repayment of borrowed money from E to the said passbook; and (b) paid KRW 40 million to J on the same day for the payment of borrowed money to the victim and used it in the attached crime list.