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The defendant shall be innocent.
Reasons
1. Around July 15, 2011, the Defendant made a false statement to the effect that “E child uniforms” operated by the victim D in the Jung-gu Seoul Metropolitan Government C market would be repaid to the victim by the day following the day on which he/she lends money to the victim.”
However, at the time, the Defendant had operated clothes in the C market, but there was no profit, and there was no intention or ability to pay the money properly even if he borrowed money from the damaged party, such as there was no other property owned.
Nevertheless, the Defendant received 1.5 million won from the injured party to the national bank account in the name of the Defendant on the same day from the injured party, from the time to November 30, 2012, and obtained a total of 64,400,000 won from the injured party on a total of 22 occasions through the same method as the written list of crimes in the attached Form from November 30, 2012.
2. According to the evidence duly adopted and examined by this court, it is recognized that the Defendant received a total of KRW 64,400,000 from the injured party on or around July 30, 201 to Nov. 30, 2012, a total of KRW 22 times from the injured party. At the time, the Defendant had no particular property, and not only did the business of the clothing store operated, but also did not facilitate the operation of the clothing store, as well as that of bank loans worth KRW 10,000,000,000.
However, the following circumstances acknowledged by the above evidence, namely, the defendant and the victim, who are each married, maintained improper relations around July 201. The victim seems to have been well aware of the economic situation of the defendant in the operation of the clothing store in the side of the store operated by the defendant. The victim did not have received a loan certificate from the defendant before 2013, and there was no small amount of money such as KRW 10 million, but there was a small amount of money such as KRW 250,000, KRW 300,000, and KRW 200.