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The defendant is innocent.
Reasons
1. Summary of the facts charged
A. On August 5, 2014, the Defendant entered the following as “No. 4, 2014.” However, this appears to be an obvious clerical error (Evidence No. 26, 60 of the Evidence Record). The Defendant made a false statement to the victim C at the French shop located on the second floor of Gtel in the Gambolnam-gu, Chungcheongnam-gu, Gyeonggi-do, stating that “I would have to pay money up to October 15, 2014, if I would have to pay money, then I would have to lend KRW 30 million to the victim until October 15, 2014.” However, the Defendant did not have any fixed income at the time. However, the Defendant did not have any intention or ability to pay money even if I would have borrowed money from the victim when he went bankrupt, and the Defendant received a false loan from the victim to the Defendant’s spouse DoF bank’s 30 million won under the pretext of borrowing money from tin to 100 million won.”
However, in fact, the Defendant did not have any possibility of borrowing KRW 100 million from a foreign bank because he only owns a “G” company in Singapore, and did not have any intent or ability to repay the loan even if he borrowed money from the victim because there was no certain occupation or particular property at the time.
The Defendant received 100,000 U.S. dollars (136,156,000 Won in Korean Won) from the victim on the pretext of the loan from her seat to the account (J) in the name of H corporation.
Accordingly, the defendant was given property by deceiving the victim.
2. Determination
A. The prosecutor bears the burden of proving the facts charged in a criminal trial.