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The defendant shall be innocent.
Reasons
1. On July 2015, the Defendant, at the residence of the Victim D (Mon, 59 years old) (C 406 dong, 1503) in Yangsan-si, Yangsan-si, 2015, the Defendant jointly operates a singing room by investing money together with the Defendant’s “Non, building on the Donsan New City, and opening a singing room with many customers.”
In order to open a singing room, if you invest at least KRW 120 million in the necessary amount of KRW 50 million, the remaining money will be procured with the assistance of her husband. Na, first of all, 50 million in the amount of KRW 50 million will be raised.
I will prepare for singing practice in the new city and responsible.
The phrase “ makes a false statement.”
However, the Defendant did not have any intent or ability to open a singing room by providing the remaining investment funds for the following reasons: (a) the Defendant thought that he would receive money from the injured party to use it as gambling and entertainment expenses; (b) there was no fixed income or property at the time; and (c) receiving money from the clients.
On July 28, 2015, the Defendant was granted KRW 54,50,000,000,000 from the time when he was paid the money by deceiving the victim and taking a cash card of the Nonghyup Deposit Account (Account Number F) in the name of E around July 28, 2015 to withdraw KRW 118,850,00 from the time of receiving the money.
2. In light of the following facts, it is difficult to believe part of the Defendant’s statement and D’s statement and testimony that correspond to the facts charged, and the evidence of this case alone is insufficient to recognize the facts charged.
A. D’s amount of money that D had been given to the Defendant in connection with the singing opening is the amount of KRW 5,4050,000.
Even if there is no document, such as a contract or agreement related to the singing opening business, the defendant suggested to D in relation to the singing opening business has no content about the specific place, business method, distribution of profits, etc. of the singing opening.