The defendant shall be innocent.

1. The summary of the facts charged [2013 Highest 5863] The Defendant made a false statement that “If 50,000 won is lent to the victim C, she shall pay 50,000 won as interest to the victim, she shall pay her full payment up to August 30, 2009.”

However, in the absence of any particular income, the Defendant had a debt of KRW 6.7 million with a personal debt of KRW 2.5 million at the time, and there is a need to pay interest to KRW 6.0 million each month, so even if he borrowed money from others, he did not have any intention or ability to repay the money.

On December 23, 2008, the Defendant received KRW 150 million in total as the loan money three times from the victim, as shown in the attached list of crimes, including the Defendant’s house No. 801 of the Seocho-gu Seoul Metropolitan Government D building, to receive one check of KRW 50,000,000 from the victim’s house as the loan money.

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

[2013 Highest 6398] around October 23, 2009, the Defendant stated that “If a person lends money, he/she shall pay 3% interest per month and use it and return it only for a few months.”

However, at the time, the Defendant had to make a fixed disbursement of the amount equivalent to KRW 7 million per month and the amount equivalent to KRW 2.5 million per month with interest on the bank obligations. However, due to the relationship that the Defendant had not been in a normal situation and had no occupation, and was difficult to pay interest, etc., he paid interest, etc. from other persons. Since it is difficult for the Defendant to pay for the said interest, there was no intention or ability to pay for the said interest even if he/she borrowed money from the victim because he/she was in possession of the goods that he/she received or possessed from the Defendant’s children.

Accordingly, the Defendant, as well as the Defendant’s receipt of KRW 20 million from the victim’s place of residence, around September 10, 2010.