The defendant is innocent. The summary of this judgment shall be notified publicly.

Punishment of the crime

1. The summary of the facts charged was first known with the victim B on April 2015, and the Defendant took place through internal relations from several months after several months, and the Defendant took the victim’s ordinary children in a stable workplace and took the victim’s own re-performance as much as his/her own re-performance was excessive.

Although the Defendant was a bad credit holder and was in a state of being urged by the credit card company due to a failure to pay 20 million won of credit cards, and the Defendant did not have the intent or ability to pay the amount properly even if he borrowed money from the credit card company, the Defendant did not have any intent or ability to pay it.

A. On September 4, 2015, a false statement to the effect that “D” parking lot located in Seo-gu Busan, Busan, calls from the victim and “on the part of the victim’s business need to pay money. If only KRW 30 million is lent, it shall be paid immediately.” The victim received KRW 30 million from the victim to the E-bank account in the name of the defendant;

B. On September 16, 2015, a false statement to the effect that “it is necessary to pay KRW 50 million to the victim with the amount of KRW 30,000,000,000,000 for business,” phoneing from the above parking lot to the victim is issued by the victim, and that it is subject to delivery of KRW 50,00,000,000 from the victim;

C. Around June 3, 2016, a false statement was made to the effect that “the lending of KRW 20 million for business needs” was made by calls from the victim in the above parking lot, and that it was transferred from the victim to the said account.

Accordingly, the defendant deceivings the victim as above and obtained a total of KRW 90 million from the victim and acquired it by fraud.

2. Determination

A. According to the records, it is recognized that the Defendant borrowed KRW 90 million from the victim on three occasions, such as the statement in the facts charged, in a bad credit standing, on three occasions, as stated in the facts charged, but further, whether the Defendant deceivings the victim with respect to his/her ability to repay, such as neglecting his/her re-performance.

(b) the recognition of guilt in a criminal trial is so far as there is no reasonable doubt for the judge;