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The defendant shall be innocent.
Reasons
1. Around January 29, 2011, the Defendant stated that “A real estate office operated by the victim D in Seo-gu Daejeon, Seo-gu, Daejeon, “F is the representative of the victim, and the money is required to be paid out of the company capital. It is possible to grant a loan at the end of three months, and it will be repaid without a mold three months after lending KRW 30 million.”
However, in fact, the Defendant did not have any intent or ability to repay the amount even if he borrowed the amount from the victim as above, such as using the amount received from the victim for the repayment of personal debt, which is equivalent to approximately KRW 150 million.
Nevertheless, the Defendant, by deceiving the victim as above, received money of KRW 26 million, excluding the amount of KRW 4 million from the victim's prior to the same day and the amount of KRW 4 million, from one bank account (H) in the name of the Defendant G.
2. Determination
A. According to the evidence of this case, the following facts are acknowledged.
I decided to establish F as an executor by the representative director and the defendant as the in-house director, and the defendant decided to take charge of F's planning and authorization and permission, and around August 2009, the defendant spent F's own expenses as design expenses for F's construction by borrowing the real estate owned by K, which is the defendant's wife, from L as security, around August 2009.
M NConstruction Co., Ltd., the representative director, made an investment in the establishment of the F and a contract for the construction work, and decided that F will operate the F on December 2009 with J and 45% of its shares, respectively. The shares of J were included in part of the defendant's shares.
On the other hand, the J entered into an agreement with the Jung-gu Daejeon Metropolitan City around December 2009 on the development project.
In the process of preparation of F, M and the defendant are to exclude the defendant from F establishment, etc., and instead I loans in F name in return for acquiring the defendant's shares.