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The defendant shall be innocent.
Reasons
1. The summary of the facts charged is a person who served as the representative director of E and F for the purpose of telecommunications service business, etc., established for the purpose of domestic and foreign biofueling manufacturing and selling business in the third floor of the Gangnam-gu SeoulD Building.
On May 10, 2008, the Defendant committed fraud, the Defendant stated that “Around May 10, 2008, the Defendant would use 20 days if he/she lends KRW 100 million to the victim G, and pay it with the interest of 5% if he/she lends it to the victim G.”
However, at the time, the Defendant was in bad credit standing and did not have any property or income owned by the Defendant, while the Defendant was liable for personal debt amounting to 12 billion won including the guaranteed debt, as well as E and F Co., Ltd., Ltd., which they operated, did not have any actual asset or sales record, so even if the Defendant borrowed money from the victim, there was no intent or ability to repay it.
Accordingly, the defendant deceivings the victim as above and obtained a cashier's check equivalent to KRW 100,00 from the victim's immediately on the same page as the borrowed money.
B. On May 30, 2008, the Defendant stated, at the above office around May 30, 2008, that “F’s capital increase with capital increase is guaranteed. If F’s capital increase is extended to KRW 160,000,000,000,000, the Defendant would be used until October 30, 2008 and repaid with the interest of KRW 7%.”
However, at the time, the Defendant did not have any property or income in bad credit standing, while the Defendant was liable for the debt amounting to 12 billion won including the guaranteed debt, and not only was the actual assets or sales of the E and F Co., Ltd. operated by himself, but also did not have any actual assets or sales. As the F’s capital increase plan for issuing new shares was in an uncertain state, the Defendant borrowed money from the victim.