The defendant shall be innocent.

1. Around April 6, 2007, the summary of the facts charged states that the Defendant borrowed money from the Defendant’s office in Gangnam-gu Seoul, Seoul, the Defendant did not think that it will be used for the golf course construction business even if he borrowed money from the Victim G, and that “If 50 million won is lent to the golf course construction business capital, 50 million won will be paid monthly interest, and if the golf course is completed, 20% of the operating profit of the golf course will be paid continuously,” the Defendant acquired 50 million won from the victim’s bank account in the name of the Defendant on the same day.

2. Summary of the defendant's assertion;

A. It is true that 500 million won (hereinafter “the instant loan”) was borrowed from the complainant at the time of the ruling.

B. However, it is only necessary for various projects promoted at the time to borrow the instant money, and the purpose of the instant money was not specified as the funds for the golf course construction project at the time of borrowing, and the said money was not fully repaid at the time of borrowing, but the subsequent project was not fully carried out due to the fact that the project was not fully carried out, so there is no intent to commit fraud.

3. Relevant legal principles

A. In a criminal trial, the finding of guilt ought to be based on evidence of probative value, which leads a judge to have the conviction that the facts charged are true beyond a reasonable doubt. Therefore, if there is no such evidence, the doubt of guilt against the defendant is doubtful even if there is no such evidence.

Even if there is no choice but to judge the interests of the defendant.

B. (See, e.g., Supreme Court Decision 2005Do8675, Mar. 9, 2006).

In the transaction relation or loan relationship, the so-called intention or ability to pay or repay the borrowed money has to be considered according to the specific circumstances at the time of the transaction, but it has become impossible to implement it due to the changes in economic circumstances after the transaction relation or loan relation has been established.