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The defendant shall be innocent.
Reasons
1. On July 2015, the Defendant stated the facts charged of the instant case to the effect that “I need to lend the money to the victim D, if you lend the money. I need to pay the money. I will make the interest paid for one year.”
However, the Defendant was in bad credit position with a person who has no particular property, and at the time he was liable for personal debt amounting to KRW 200,000,000 at the time, and only he thought that he was able to keep his curios in the warehouse without any special knowledge or experience in the business of selling curios and to start the business of returning to the warehouse, and there was no intention or ability to repay the money to the victim as agreed to proceed with the business and raise the profits.
Nevertheless, around July 28, 2014, the Defendant: (a) by deceiving the victim; (b) received KRW 9.5 million from the victim to the Agricultural Cooperative (G) account in the name of the Defendant F; and (c) KRW 4.5 million from August 28, 2014, under the same name as that of the Defendant, from the victim.
Accordingly, the defendant was given property by deceiving the victim.
2. The defendant and his defense counsel's assertion and judgment
A. On July 28, 2014, the Defendant asserted that D used D to borrow KRW 10 million per year from D, and received KRW 9.5 million, excluding KRW 500,000,000,000,000,000,000 from D’s proposal. On August 28, 2014, the Defendant received KRW 4,50,000,000,000,000,000,000,000,000 won, excluding KRW 5,000,000.
The Defendant used the amount of money borrowed to D in purchasing the curios, and intended to repay the amount of money in accordance with the due date for payment by selling the curios purchased, but it demanded D to pay the amount that D had not yet arrived, and it was only impossible to repay the money even after the due date because the purchased curios were not sold well.
Therefore, the defendant did not deceiving D and did not have the intention of deception.
B. The victim is aware of the defendant's credit position and thus is unable to repay in the future.