The defendant shall be innocent.

1. On August 1, 201, the summary of the facts charged in the instant case, the Defendant made a false statement to the victim C, stating, “The Defendant would have the victim C participate in the golf course in smuggling and Hongcheon, if he/she lends KRW 100 million to the Corporation in connection with the construction work, he/she would have the victim participate in the golf course, and he/she would use and repay only one week.”

However, in fact, the Defendant did not acquire the right to enter into the golf course in smuggling and Hongcheon, and the above golf course was not started, and the Defendant was in a bad credit condition without any special property, and the (ju) E, which the Defendant operated under the name of D, was under a debt of KRW 170 million with the operating fund at the time, and there was no profit due to the lack of funds, and thus, there was no intention or ability to repay the said golf course even if he borrowed money from the victim.

The Defendant, by deceiving the victim as above, received KRW 27 million from the victim to the corporate bank account in the name of D.

2. The defendant, defense counsel, etc. denies the purport that the defendant did not borrow the money of this case from the victim under the condition that the defendant would participate in the golf course work in the smuggling and Hongcheon from the investigative agency to the law of this case, and that the above money did not have the criminal intent to acquire the money at the time of borrowing.

First, according to the records, the victim C of the facts charged did not mention the relation with the promise to have the defendant participate in the golf course in smuggling and Hongcheon with the purport that he acquired the instant money from the victim on the condition that he would have the defendant participate in the golf course in the execution of smuggling and Hongcheon.