The defendant shall be innocent.

1. On September 30, 2014, the Defendant made a false statement to the victim E, stating, “A dump truck operation project with five dump trucks in the city with five dump trucks, but a dump truck driver’s monthly wage is lent money to the victim E, he/she will repay the principal and interest within three months with five dump truck article’s monthly interest.”

However, at the time of fact, the defendant was absent from gambling and was unable to pay dump truck installments because he was unable to work normally, and in particular, he was thought to use money from the victim as gambling fund from the beginning, and he did not think that he was used as a monthly salary of the article.

The Defendant received or delivered, from the victim, the sum of KRW 19 million on the same day as the community credit cooperatives under the name of the Defendant, KRW 4.7 million on October 8, 2014, KRW 4.7 million on and around October 17, 2014, KRW 28.4 million on and around October 17, 2014.

Accordingly, the defendant was given property by deceiving the victim.

2. Comprehensively taking account of the following facts, the instant evidence alone is insufficient to recognize the facts charged.

① First of all, it is difficult to recognize the part of the Defendant’s condition and intention at the time of borrowing money, that is, “the Defendant was unable to pay the installment of dump truck because he was absent from gambling and was unable to work normally, and in particular, he was thought to use money for gambling from the beginning, and there was no idea of using money for the monthly salary of the article.”

According to evidence, it seems that the defendant used the borrowed money as it was notified to the victim as the monthly salary of the article, and the dump truck was continuously paid.

Unlike the defendant's written statement, there is no ground to view that the defendant used part of the borrowed money in gambling or was in the state that the defendant was unable to work normally at the time of gambling.

Rather, the Defendant is temporarily.