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The defendant shall be innocent.
Reasons
Public Prosecutor's Office
1. On October 15, 2009, the Defendant is insufficient business funds for the Defendant to operate the Defendant’s husband’s “from Seocho-gu E to F with the trade name “F” at the kin shop operated by the Victim D (W, 76 years of age) located in the Seoul Yeongdeungpo-gu Seoul Metropolitan City Mayor.
In addition to the interest accrued at the time of borrowing money, it was false that the principal will be repaid at a prompt date.
However, even if the defendant borrowed money from the injured party, he/she was willing to repay his/her debt to another person, and there was no other property and there was no intention or ability to repay the debt.
The Defendant, as such, by deceiving the victim, received cash of KRW 10 million from the damaged party.
2. On March 15, 2010, the Defendant, at the same place, made a false statement at the same time, stating that “The Defendant would immediately repay KRW 17.56 million on the day he/she wants to obtain a previous loan plus interest,” and received KRW 6 million in cash from the injured party on the same place.
Maz.
1. There is no fact that the defendant and the defense counsel have lent money to the victim due to lack of business funds of husbands;
Since the husband of the defendant operated the actual F-based enterprise and obtained income of KRW 56 million around 2009, the defendant had the ability to pay the borrowed money, but the F-based enterprise was reduced in the sale of the F, and the her husband made it difficult to manage the F-based enterprise more difficult in 201.
2. There is no dispute over the fact that the Defendant promised to borrow a total of KRW 16 million from the injured party and to complete payment of KRW 17.56 million.
The problem is that the defendant is engaged in a business fund of her husband with no intention or ability to repay the money, and whether the victim deceivings the victim and borrowed the money from mistake, and the evidence submitted by the prosecutor alone is that the defendant is the defendant.