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Defendants are innocent.
Reasons
1. The summary of the facts charged is the relationship between the Defendants and the victims D (hereinafter “victim”) living together in Seongbuk-gu, Seongbuk-gu, Sungnam-gu, and the relationship between Defendant A and the victim D (hereinafter “victim”).
Defendant
A shall not obtain a loan to the victim on January 2017, with a credit rating lower than that of the victim, in order to obtain a loan.
For one month, the credit rating of two pages shall be added to the head of a Tong;
Since it is possible to receive withdrawal, it is changed to the head of the Tong to receive a loan instead of the four names, and the credit rating is changed. After one month, it is said that the money will be withdrawn immediately.
On January 25, 2017, the victim borrowed KRW 16.7 million from the E Bank, KRW 10 million from the F Savings Bank, KRW 10 million from G Savings Bank, and KRW 10 million from G Savings Bank. On February 26, 2017, the victim borrowed KRW 5 million from H Co., Ltd. on or around February 3, 2017, and remitted KRW 38 million to the I Bank Account under the name of each Defendant A.
As above, the Defendants kept the victim’s money of 38 million won in the above account of Defendant A from January 26, 2017.
3. By January 3, 200, a total of 13,828,631 won was arbitrarily used under the pretext of living expenses, etc., such as the written list of crimes in the annexed list of crimes.
Accordingly, the Defendants conspired and embezzled the victim's money.
2. Determination
A. According to the evidence duly adopted and examined by this court, the following circumstances can be acknowledged.
(1) The victim and the defendant A are in close friendly relationship between high school and the defendant A, and the defendant B was living together with the defendant and teaching.
② On January 2017, Defendant A loaned KRW 3 million at a lending company around January 2017, the victim jointly and severally guaranteed the loans.
(3) After that, on January 2017, the victim shall include the money loaned under the name of the victim from the lending company in one month in the passbook of the defendant A, and where there is a high-priced credit rating of the defendant A, a person who has been listed in the name of the loan shall be changed in the name of the defendant A.