The defendant shall be innocent.

1. On November 3, 2009, the summary of the facts charged, the Defendant, even if borrowing money from C, made a false statement to the effect that “I would have to repay money within 15 days if I would have to go to her own her own her own her own her own her own her own her own her own her own her own her own her own her own her own her own her own her own her own her own her own her own her own her own her part

The E has been transferred to the account in the name of E and acquired the money of KRW 10 million.

2. The Defendant asserted that, since the investigative agency, the Defendant had the intent and ability to repay the borrowed money as he is operating the business normally at the time of borrowing, from the time of borrowing to the time of this court. However, on December 2, 2009, the Defendant asserted that, in order to solve this problem, he was immediately bound by the Defendant’s birth in Thailand and did not complete the payment.

The intent of defraudation, which is a subjective constituent element of fraud, shall be determined by comprehensively taking into account the objective circumstances such as the financial history, environment, details and contents of the crime before and after the crime, and the process of transaction execution, so long as the defendant does not confession.

Meanwhile, the finding of guilt ought to be based on evidence with probative value, which leads a judge to have a conviction that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt about the defendant's guilt, it is inevitable to determine the defendant's interest. The same applies to the recognition of the criminal intent, which is a subjective element of fraud.

(see, e.g., Supreme Court Decision 2010Do6659, May 10, 2012). According to the evidence submitted by the prosecutor, the following facts are recognized.

A. The Defendant was operating a medical device distribution business with a trade name “F” in the name of “F” with bad credit standing.

B. The Defendant, upon receiving KRW 10 million from C on November 3, 2009, remitted money to G, H, I, J, K, and L, which is a customer, to 15 minutes after receiving the remittance from C on November 3, 2009.