The defendant is not guilty. The summary of this judgment shall be announced publicly.

1. The summary of the facts charged is a person engaged in the sale, lease, repair business, etc. of Boart engine engines with the trade name “C” in Kimhae-si.

On February 2, 2015, the Defendant: (a) at the first patrolman’s office “C” office, “The purchase cost, such as engine parts, etc., is raised; (b) the Defendant would be repaid when he/she wishes to lend money to the victim; and (c) he/she would pay the amount equivalent to 5% per month of the total amount of interest lent.

“.........”

However, in fact, the Defendant borrowed KRW 96 million from E on February 5, 2015, and continued to reduce revenues from the sale or repair of Bot engine engines, and there was a situation in which the office was difficult to maintain without any additional money, and the Defendant was under the circumstances of using it as a loan borrowed from his own living expenses, and due to the financial difficulties that continued to continue, the Defendant was insufficient to pay KRW 80 million on July 4, 2015 from E with the borrowed money, which was not the interest-making business profit, and thus, the Defendant did not have any intent or ability to pay the principal and interest of the borrowed money even if he borrowed money from the victim.

Nevertheless, the Defendant: (a) by deceiving the victim; and (b) transferred KRW 10 million to the Defendant F account from the victim on February 9, 2015; (c) KRW 20 million on June 15, 2015; (d) KRW 15.10 million on July 15, 2015; and (e) KRW 20 million on August 13, 2015 to the Defendant F account.

2. The defendant's assertion was planned to expand the business at the time of the loan of this case and was determined to be able to repay the borrowed money. However, since sales have been rapidly reduced due to the economic depression, it became difficult for the victim to repay the borrowed money, there was no criminal intent of defraudation.

3. Determination of the establishment of a crime of fraud by defraudation of the borrowed money should be made at the time of borrowing. Therefore, if the defendant had the intent and ability to repay at the time of borrowing, he did not pay the borrowed money thereafter.

(b)if any;