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The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
On November 27, 2014, the Defendant made a false statement to the effect that “The Defendant would repay the amount up to December 4, 2014, if the Defendant lent the amount of KRW 100 million to the parents as agreed money, by December 4, 2014, to the G office operated by the victim F in Nam-gu, Nam-gu, Dong-gu, Seoul Special Metropolitan City.”
However, at that time, the Defendant did not have to reach an agreement because there was no fact that the Defendant had the Defendant died of another son at that time, and thus, the Defendant did not have any intent or ability to pay the amount even if he borrowed the amount from the injured party, since the obligation exceeds KRW 180 million and there was no particular property or income.
Nevertheless, on November 28, 2014, the defendant deceivings the victim as above and transferred KRW 100 million to the corporate bank account in the name of the defendant to the victim.
Reasons for innocence
1. The fact that the evidence-related FF remitted KRW 100 million to the Defendant on November 28, 2014 is also recognized by the Defendant, but the direct evidence proving the name or condition of the remittance of money is only the F’s investigation agency and this Court’s statement.
On the other hand, H talks about a child's accident, such as the facts charged, in an investigative agency and this court, and H asked F to obtain a certain amount of money for the settlement of the agreement. It is difficult to do so.
The statement was made to the effect that it was “....”
In addition, the defendant sent a text message to the effect that he will pay money several times with F.
2. Determination
A. F’s statement of credibility of the F’s statement is difficult to believe that it is for the following reasons:
1) The Defendant received investment from F from around 2013, and operated a gambling site. The instant KRW 100 million also operated the gambling site.