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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. On February 6, 2012, the summary of the facts charged is that the Defendant is planning to construct 6 pentphers on the land located in D, and the construction cost may be reduced if the construction works are not carried out in advance. If the Defendant borrowed 2-300,000 won, he would purchase the steel bars in advance, construct the pentphers and sell them in lots on a gold-year basis, and then sell them in lots at that time on June, 201 through the construction of the pentphers. The Defendant borrowed 6 pentphers on the land located in D and then borrowed pentphers from the new savings bank.
However, even if the Defendant borrowed money from the injured party, the Defendant did not have the intention or ability to purchase the iron for the construction of the pent, and there was no intention or ability to repay the money due to the absence of any particular property or income.
The Defendant, as such, by deceiving the victim, received KRW 194.8 million from the damaged party for the purchase of the reinforcing bars, and received a total of KRW 290 million from around that time to May 9, 2013, as shown in the list of crimes in the attached Table, from around seven times, as shown in the list of crimes.
2. Although the Defendant, as stated in the instant facts charged, borrowed a total of KRW 290 million from the injured party, as indicated in the instant facts charged, the Defendant borrowed most of the loans from the injured party, not for the purpose of constructing a pen, but for the purpose of leasing them to E, and notified the injured party of such circumstance while introducing E to the first buyer before borrowing.
In addition, since the victim's ability to repay is sufficient at the time of borrowing the loan of this case, the victim's intention or ability is not available.
3. Determination
A. 1) Determination on the existence of fraudulent act which does not notify the true purpose of use is that the prosecutor bears the burden of proving the facts charged in a criminal trial, and the conviction is sufficient to have a judge conduct reasonable deliberation.