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The defendant shall be innocent.
Reasons
1. Around September 10, 2010, the Defendant made a false statement on the following facts: (a) the date of settlement for a promissory note KRW 150,000,000 among promissory notes issued by the victims D (A) office operated by the victims D (D) in Changwon-si, Changwon-si; and (b) the date of settlement for the promissory note KRW 150,000,000, which is previously issued by the victims, is not able to obtain a loan from the financial right; and (c) even if a promissory note is additionally issued, the promissory note shall be cashed if it is issued.”
However, even if a promissory note is issued by the victim, the Defendant was thought to be used in the repayment of his personal debt, and the victim did not have any intent or ability to pay the amount of the promissory note already issued.
The Defendant received a total of KRW 130 million from the victim of a promissory note, namely, KRW 50 million, KRW 2,000,000,000,000 from the victim, and acquired the promissory note from the victim.
2. The Defendant and the defense counsel asserted that, after receiving a note amounting to a total of KRW 130 million from D for the settlement of the pre-existing payment of the promissory note, G requested the discount of the bill through F, G requested the discount of the bill. The Defendant and the defense counsel asserted that G did not have the intent of deception and deception, by asserting that the Defendant demanded the repayment of the obligation of the Defendant, and refused to pay the bill discount
2. The following facts can be acknowledged based on the evidence of the facts found.
D Around June 15, 2010, around 2010, the Defendant agreed to acquire the business rights of a golf practice range from the Defendant and divide the shares of the Defendant upon completion of a new construction work. Around June 15, 2010, a business agreement was made on the issuance of promissory notes on the D if the funds are needed due to its expenses, land prices, etc.
B. D on June 15, 2010, the Defendant is entitled to KRW 50 million in a promissory note with the payment date set as " September 16, 2010," and KRW 100 million.