The defendant shall be innocent.

1. On May 13, 201, the summary of the facts charged stated that the Defendant called “A” by phone to C at an insular place and called “a diplomat is a diplomat, who is a foreign diplomat, and the head of the house is currently living at the present time due to the issuance of the U.S. Washington. It is planned to set a house at a three weeks and a small house, but the deposit money is rapidly short, and only 20 million won is borrowed.” The Defendant said that “I will immediately repay the house currently living at the present, if it is earlier.”

However, in fact, the Defendant borrowed money from C with the intention of paying off the debt of personal loan from D, not to use it as a deposit for lease on a deposit basis, and, on September 16, 2010, the building 415 of the building E in Yongsan-gu, Yongsan-gu, Yongsan-gu, Busan-gu, Seoul-do, where the Defendant owned, was awarded a successful bid to others on a voluntary auction on September 16, 2010, and the Defendant was residing in, and there was no real estate capable of giving a deposit to others because it was not owned by the Defendant. At the time, the Defendant did not have any intent or ability to pay the loan even if he borrowed money from C, such as that there was no property under his name, other than an officetel deposit, and there was no damage to the financial right.

Nevertheless, the Defendant, as above, received money from C on May 25, 201, from 200 to 20 million won.

2. With respect to whether the Defendant, without the intent or ability to pay the borrowed money, acquired 20 million won in the name of the deposit money by fraudulent means to “to return the house at present at present”, the Defendant’s statement in the court and investigation agency of the witness C, which corresponds thereto, is insufficient to consistency and clarity as to how the Defendant talks with C about the house at which the Defendant was living, how the Defendant came to know of the transfer of his residence at the time and how the Defendant came to know, and it is difficult to believe it as it is in conflict with the contents of the monetary loan agreement on the above 20 million won prepared by C and the Defendant.