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The defendant shall be innocent.
Reasons
1. Summary of the facts charged
A. On May 201, the Defendant made a false statement to the victim D (V, 58 years of age) at the Seocho-gu Busan, Busan, that “I will fully repay two million won after five months or more” to the victim D (V, 58 years of age).
However, the defendant did not have the intention or ability to pay two million won.
As above, the Defendant, by deceiving the victim as above, received two million won from the victim to the new bank account (E) in the name of the Defendant, and acquired it by fraud.
B. On June 7, 2011, the Defendant, at the same place as the above “A” on June 16, 2011, concluded that “4 million won will be loaned to the victim first, and two million won will be paid in full after five months,” and that the Defendant, who was subject to the said provision, obtained four million won from the victim and acquired it by deception.
2. According to the evidence duly examined and adopted by the court below, it can be acknowledged that the defendant borrowed 6 million won through two times from the victim and did not repay within the agreed time limit.
However, according to the above evidence, at the time of borrowing each of the above loans from the victim, the defendant was paid insurance compensation of 18 million won per month to the insurance manager of the post office located in Busan, Busan, at the time of borrowing the above loans from the victim. The defendant borrowed 2 million won from the victim on September 24, 2010, and 5 million won from the victim on December 21, 2010, but paid all of them, etc., the defendant had a monetary transaction between the defendant and the victim on July 18, 201 and 10 million won on August 19, 201. The fact that the defendant paid each of the above loans to the victim as the victim on July 18, 201 and the defendant did not make it impossible for the defendant to collect the funds by changing his domicile or making it impossible for the victim to collect the funds by making payment by paying the funds in installments after borrowing the funds from the victim as a witness.