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The defendant shall be innocent.
Reasons
1. On May 27, 2013, the Defendant stated in the facts charged that “D” real estate brokerage office located on the third floor of the Gangnam-gu Seoul Metropolitan Government C building, “The balance of which was agreed to purchase real estate, and the victim E loaned money to the victim E. It would have borrowed KRW 35 million and repaid only once a month.” The monthly interest will be 10%.
However, the defendant did not have a contract to purchase real estate, and therefore, even if he borrowed money, he did not use it as the balance of the purchase of real estate, but was able to repay his personal debt, such as credit cards and debts, and at the time of borrowing money, the defendant was only liable for the debt and did not have any special property, and even if he borrowed money due to the lack of income, he did not have any intention or ability to repay it.
As such, the Defendant, by deceiving the victim, received KRW 9 million in cash from the victim, and transferred KRW 12.5 million in cash from the new bank account (Account Number F) in the name of the Defendant, and acquired KRW 12.5 million in total from the agricultural bank account (Account Number H) in G in the name of G in relation to the Defendant’s debt, and acquired KRW 31.5 million in cash (hereinafter “the instant money”).
2. Although the Defendant’s assertion of the instant money from E was true, it was true that the Defendant did not deceiving the Defendant as the balance of real estate purchase at the time, and that he borrowed the instant money for debt repayment.
In addition, at the time, the defendant could act as a broker for a real estate exchange contract and receive 50 million won as a fee.
3. The witness E's testimony and the statement made by E in an investigative agency is a direct evidence that conforms to the facts charged in this case where the defendant deceiving E to use the borrowed money by deceiving E.
However, the witness I and J can be identified by the testimony made in this Court as follows: