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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. On March 2011, the Defendant stated in the facts charged that “B is re-stock investment and futures option” to the victim at the victim’s residence located in Busan Shipping Daegu, the Defendant made a false statement to the effect that “I will pay interest of 3% per month as well as the principal security by investing in the fund if I lend four key money to the Fund.”
However, even if the defendant received the investment money from the victim, the defendant did not have the intent or ability to reduce the principal and interest.
As such, the Defendant, by deceiving the victim, received KRW 10 million from the victim on April 11, 201, KRW 10 million on April 12, 201, KRW 10 million on or around April 12, 201, and KRW 10 million on or around October 17, 201, respectively, from the national bank account in the name of the Defendant.
2. According to the court’s findings of examination of evidence, it is recognized that the victim remitted money to the defendant as stated in the facts charged, but on the other hand, it is recognized that the defendant regularly paid 3% interest and the money under the name of a name of a manager from May 201 to April 2012 as the victim promised from May 2011. Thus, it is difficult to view that the defendant did not have any intent or ability to pay interest and a manager to the victim.
In addition, the burden of proof on the facts charged in a criminal trial and health care for whether the defendant had no intention or ability to return the principal to the victim is the prosecutor, and the defendant claims that he/she had the intent and ability to repay the principal, and the evidence consistent with the above facts charged is the only entry of an investigation report (the status of real estate possession against the suspect and his/her family members) with the purport that the defendant has no real estate under his/her name as well as his/her mother or her mother or her mother, and it is not included in the facts charged that the defendant deceivings the victim to the effect that he/she or she owns real estate.