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The defendant shall be innocent.
Reasons
1. Summary of the facts charged
A. A. Around January 2010, the Defendant made a false statement to the effect that the Defendant would have repaid KRW 10 million to the victim E at the Dong-gu Incheon Metropolitan City’s home with D, with interest of KRW 2% per month if he/she borrowed KRW 10 million to the victim.
However, the defendant did not have any intention or ability to complete payment even if he borrowed money from others, because he lives alone without any specific income.
The Defendant received 10 million won as a loan from the victim, i.e., the victim. at the seat.
B. Around January 2010, the Defendant made a false statement to the victim E-house as stated in paragraph (1) stating, “If the Defendant lends the victim KRW 10 million to him/her, he/she shall be paid a full amount of KRW 20 million at the same time.”
However, the defendant did not have any intention or ability to complete the repayment, even though he borrowed money from others on the grounds as stated in paragraph (1).
The Defendant received 10 million won as a loan from the victim, i.e., the victim. at the seat.
2. The evidence submitted by the prosecutor alone is insufficient to recognize the fact that the defendant borrowed a total of KRW 20 million from the victim twice on or around January 2010, and there is no other evidence to acknowledge it.
Rather, the following circumstances acknowledged by the record of the instant case, i.e., (i) the victim submitted a written complaint on April 11, 201, and stated that the victim lent KRW 20 million to the Defendant two times on or around January 2011, in the written complaint, a sum of KRW 10,000,000,000 to the Defendant; and (ii) as evidence, the victim filed a lawsuit for lending KRW 10,000 to the Incheon District Court Decision 201Da72018, May 21, 201; and (iii) on or around January 7, 2011, the investigative agency made a substitutional investigation, and stated that the victim lent KRW 10,000,000 to the Defendant on or around March 21, 201; and (iv) the victim brought a lawsuit for lending KRW 200,000,000,000 as the loan repayment on or around February 1, 2013.