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The defendant shall be innocent.
Reasons
1. Summary of the facts charged in this case
A. On March 2012, the Defendant made a false statement to the victim F that “In the street near the Busan Maritime Daegu Maritime Ocean, the Defendant would open the age club in the H building located in the Busan Y G, but would allow the Plaintiff to operate a credit business exclusively within the YG, if he/she lends money, the interest at the rate of 39% per annum, and the principal will be repaid until October 30, 2012.”
However, at the time, the Defendant did not have any particular occupation in the bad credit standing, and the legal relationship related to the operation of the age club was complicated so that the Defendant could normally operate the age club. As such, the Defendant thought to use the funds borrowed from the victim for personal purposes, and thus, did not have any intent or ability to repay the funds even if borrowed from the victim.
Ultimately, the Defendant, by deceiving the victim as such, received from the victim the transfer of KRW 5 million to the Busan Bank Account in the name of the Defendant’s father-I, and KRW 15 million on June 15, 2012.
B. On June 2014, the Defendant called the victim F at an unspecified place, and made a false statement to the effect that “Around September 25, 2014, the Defendant would be urgently needed to open the H club to the victim F. In addition, the Defendant would pay 5% interest on the money borrowed prior to the additional loan, and the principal would be repaid until October 4, 2014, which was after the age club open. The Defendant paid 3 billion won of the building rental deposit for the operation of the age club to the owner of the building, and the Defendant would not be able to prepare a notice of assignment of claims for the lent money.”
However, at the time, the Defendant did not pay KRW 1 billion and KRW 100,000,000 among KRW 3 billion of the rental deposit to operate the said club without pure capital, and the Defendant did not pay KRW 2 billion and KRW 100,000 of the monthly rent to operate the said club.