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The defendant shall be innocent.
Reasons
1. The Defendant: (a) borrowed approximately KRW 200,000,000 from the bank under the name of the above bank to secure and secure the loan of approximately KRW 200,000 as the purchase price for the above real estate in Kimpo-si, Kimpo-si, which he lives in, and (b) incurred a large amount of debt under the name of the bank, such as “G facilities” and operating funds.
As the victim H(74 tax) was aware that he had approximately KRW 300 million in cash in this passbook from May 2017, the victim H (74 tax) caused the victim to have a mind to pay the above debt by obtaining the said money from the victim.
The defendant, on September 14, 2017, is married with the victim in G facility operated by the defendant in the F of Incheon reinforced Military Organization on September 14, 2017, under the condition of receiving KRW 300 million from the victim.
“A false representation was made.”
However, even if the defendant was given KRW 300 million from the injured party, the defendant did not have an intention to marry with the injured party.
Nevertheless, the defendant deceivings the victim as above and was delivered KRW 250,000 as the compensation for marriage at around 16:15 of the same month from the victim.
2. The following circumstances revealed by the record of judgment: ① the Defendant, upon the Defendant’s marriage with the victim, committed a promise to receive KRW 300 million from the injured party to live together in the Defendant’s apartment, and to use the loan of the above apartment as living expenses; ② the Defendant repaid KRW 100 million out of the Defendant’s apartment loan on the part of the injured party immediately after receiving KRW 250 million from the injured party as the above promise; ③ the Defendant established the right to collateral security with KRW 150 million with the Defendant’s claim amount around September 20, 2017 at the victim’s request on September 20, 2017; ④ the Defendant reported the marriage with the injured party on September 19, 2017; and ⑤ the Defendant reported the marriage.