The defendant shall be innocent.

1. On January 1, 2015, the summary of the facts charged is that the Defendant would lend the victim D money in Gangdong-gu Seoul Special Metropolitan City for living expenses, mother, hospital expenses, and deposit money to the victim D. The Defendant would use monthly income for living expenses and make payment each month with the remaining money.

“A false representation was made.”

However, the defendant's monthly income at the time was insufficient to cover the living expenses, and there was no intention or ability to repay the borrowed money, and the defendant was a plan to invest in the kind of lending money from the injured party to the lending of the borrowed money.

The Defendant received KRW 1 million from the injured party on January 1, 2015, and received the remittance of KRW 30 million on or around March 26, 2015, and received KRW 31 million on or around March 26, 2015 as the borrowed money.

Accordingly, the defendant was given property by deceiving the victim.

2. Summary of the defendant and his defense counsel

(a) The amount of one million won remitted on January 1, 2015 is the money received as a salary in service at a singing shop operated by the injured party.

B. On March 26, 2015, KRW 30 million, which was remitted on or around March 26, 2015, the injured party would lend money in order to enable the injured party to continue to work at a singing shop.

First of all, the proposal does not specify the purpose of use, period of repayment, interest, etc., and only borrowed money from the injured party, and it had the intent and ability to repay the said money at the time of borrowing it.

3. Determination

A. On January 1, 2015, this Court rendered a statement to the effect that: (a) the following circumstances revealed by the evidence duly adopted and examined by this court, i.e., the victim, upon investigation by an investigative agency, wired KRW 1 million to the Defendant’s name account on January 1, 2015; and (b) the victim borrowed money to the Defendant in cash in a total of KRW 3 million on four to five occasions between January 1, 2015 and March 26, 2015; and (c) the Defendant, from this court to March 26, 2015, borrowed money to the Defendant in cash, on a small sum of KRW 3 million from the victim on March 26, 2015: