The defendant shall be innocent.

1. On December 2012, the Defendant explained that “In order to obtain a loan, the Defendant would send front pictures, passwords, Internet IDs and fixs, and receive a loan by securing performance,” from a person in secret name who assumes the vice head of the lending company E in the “D” page of the Defendant’s operation of the Defendant located in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sung-gu, Seoul. The Defendant sent the above data (data on the Defendant’s name bank account) to the above person via a cell phone message.

Around January 7, 2012, the above name-freeist made a false statement that he/she would give a loan to the victim F, and received a total of KRW 186,260,000 from January 7, 2013 to September 9 of the same month in the name of the victim, and on January 8, 2013, he/she deposited the above loan amount of KRW 99,950,000, which is part of the above loan, into the above account in the name of the defendant, and requested the defendant to withdraw the above money.

The Defendant, while keeping KRW 99,950,000 in custody of the money owned by the victim for the foregoing reasons, he arbitrarily consumed and embezzled the money by borrowing KRW 50,00,000 from G, which was omitted at the place of insane in the Gangseo-gu Seoul Metropolitan Government (Seoul Metropolitan Government) around January 8, 2013.

2. The judgment. According to the records, the name omitted person transferred the loan from the lending company in the name of F to the account in the name of F, and the name omitted person transferred the loan amount of KRW 78,250,000 from the F to the account in the name of F, and the fact that the name omitted person transferred the amount of KRW 30,000,000 to the account in the name of H, and the fact that the name omitted person transferred KRW 21,70,000,000, out of the amount transferred to the account in the name of H, to the account in the name of H, respectively.

In case where the transferor has transferred the account to the bank account of the payee, regardless of whether there is a legal relationship between the transferor and the payee as the cause of the account transfer, the payee acquires deposit claims equivalent to the account transfer amount from the bank account transfer to the bank account.