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The defendant shall be innocent.
Reasons
1. The summary of the facts charged [basic facts] The Defendant: (a) wholesaleed feed, etc. with the trade name “B”; (b) supplied the victim C with feed from June 29, 2016 to August 10, 2018; (c) on November 24, 2016, the Defendant prepared a notarial deed of monetary loan contract for security by means of transfer whereby the victim loaned KRW 67,00,000 from the Defendant at the victim and notary public D office pay KRW 67,00,000 to June 30, 2017; (d) around August 1, 2017, the Defendant and the victim bear the obligation of KRW 136,886,000 to the Defendant; (e) the Defendant, the creditor, at his own discretion, sold the relevant feed to the Defendant and did not raise any objection to the payment; and (e) written confirmations from around 60, 2007 to around 308, 2007.
【Criminal Facts】
From March 10, 2018 to 10:00 on March 10, 2018, the Defendant had 7 working persons, such as F, etc., enter the cat of the victim in Jung-Eup, and deducted the water of the above cat of KRW 30,983,70, and brought about 9,389km equivalent to 30,389 g at the market price. On March 11, 2018, the Defendant had 7 working persons, such as F, entering the cat of the victim in Jung-Eup, and brought about the theft of the above cat of KRW 31,214,70,459 g at the market price.
Accordingly, the Defendant stolen the sum of 62,198,40 won of the market price 18,848km.
2. Determination
A. The following facts can be acknowledged according to each evidence that has completed lawful evidence investigation of the facts found.
(1) C shall enter into a loan for consumption by means of transfer between the defendant and the defendant on June 30, 2017, and at the same time recognize a compulsory execution.