The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. On November 201, 201, the Defendant is required to operate a construction company “E” to the victim D at the office located in Yeongdeungpo-gu Seoul Special Metropolitan City, Young-gu, Seoul Special Metropolitan City B, and to transfer money to the head office of Japan rapidly.

The loan of KRW 180,00,000 shall be paid in one month as soon as possible and in two months at the latest, and 5,400,000 shall also be paid in interest.

“A false statement” was made.

However, because the defendant had already borrowed money from others while he had already been taking a large amount of debt at the time, he did not have the intent and ability to repay the borrowed money even if he received the borrowed money from the injured party.

Ultimately, the Defendant, by deceiving the victim as above, received delivery of KRW 174,60,000 (the amount obtained by deducting KRW 5,400,000 from KRW 180,000) from the injured party on December 5, 2011 from the victim’s deception, and received delivery of KRW 15,00,000 from the injured party on December 20, 201, by deceiving the victim by the above method as above, and received KRW 15,00,000 from the injured party on December 15, 201.

Accordingly, the Defendant, by deceiving the victim as above, received a total of KRW 209,600,000 from the victim.

2. The judgment of the defendant could be repaid with business profits at the time, and therefore, he did not have the intention of defraudation.

It is administered in Dame.

In order to recognize admissibility of evidence under Article 314 of the Criminal Procedure Act even though the statement of a person other than the defendant, such as the statement of a witness, was not proven by the statement made in the courtroom by the person who made the statement in question, it constitutes a case where the person who made the statement is unable to appear and make a statement in the official ruling due to his/her death, disease, residence in a foreign country, unknown whereabouts, or any other similar cause, and it is proved that the preparation of the document was made under particularly reliable circumstances.

Here, the term "foreign residence" is insufficient to say that a person who needs to make a statement is in a foreign country, and the investigative agency listens to the statement in the course of investigation to confirm whether he/she resides in the foreign country and future departure possibility