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The defendant shall be innocent.
Reasons
1. On October 2009, the Defendant in the factory office stated that “A victim C, a construction company with which the trade name at Jeju city is unknown, will build a golf course in the Gyeongwon-gun, Gyeongbuk-gun, and the elderly head of the Gun is well aware of it, and authorization and permission will soon be the date. If the Defendant borrowed KRW 150,000,000,000,000,000 necessary for the construction of the above golf course, he/she will receive a PF loan within several months and repay the principal and interest on the above loan at 3% per annum, and the construction work of a golf course equivalent to KRW 6,60,000,000,000, will be awarded a contract to the new person.”
However, the Defendant decided to acquire the above company in KRW 9 billion, including the site for golf course construction from E Co., Ltd., but the construction of golf courses was not economically capable of promoting the construction of golf courses due to the failure to prepare 500 million assistance vehicles out of the purchase price, and there was no intention or ability to repay it even if the Defendant borrowed money from the victim because there was no particular property in the name of the Defendant
The Defendant, as such, by deceiving the victim, received delivery of KRW 150 million in total, of KRW 30 million from the victim on November 27, 2009, KRW 40 million on November 27, 2009, KRW 10 million on November 27, 2009, and KRW 150 million on January 25, 2010.
2. The summary of the Defendant’s assertion and the defense counsel received a total of KRW 150 million from the victim as stated in the above facts charged, but this is a receipt of investment funds in relation to the construction of the above golf course (hereinafter “instant golf course”), and the Defendant and the defense counsel denied the facts charged in the instant case by asserting that they did not have any criminal intent to obtain fraud.
3. Determination
A. According to the evidence duly admitted and examined by this court, the following facts can be acknowledged.
① From October 2006, E Co., Ltd. (hereinafter “instant company”) drafted a memorandum of investment damage with the elderly head of the Gun around October 2006.