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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. The summary of the facts charged stated as follows: on July 19, 2006, the Defendant stated as follows: “I will pay the interest and principal for six months only if I would use the money urgently, and I would like to use the money.”
However, the Defendant did not have any intent or ability to repay the above even if he borrowed the above money from C, such as paying interest of KRW 900,000 from the above borrowing date to the present day, and saving contact.
As above, the Defendant deceiving C, which he was received from C, i.e., KRW 12 million, and acquired by deception.
2. Determination
A. It is true that the defendant's assertion by the defendant and the defense counsel received KRW 12 million from C, but this is not merely an act of borrowing from C but an act of mediating investment upon C's request.
B. Comprehensively taking account of the following circumstances acknowledged by this court’s adopted and examined evidence: (a) around August 8, 2006, when C gave the Defendant KRW 12 million, the Defendant appears to have received KRW 12 million from C to arrange investment; and (b) around August 8, 2006, it was revealed that C prepared an application for salesman registration with the content of investing KRW 5250,000 in D corporation upon the Defendant’s recommendation; (c) around that time C made a copy of the above application for registration; and (d) C made a copy of the passbook and resident registration certificate of C; and (e) in this court, C stated that “it is appropriate for C to receive interest upon making an investment” to the attorney’s question, “whether or not the witness invested” in this court; and (e) there is no other evidence to acknowledge that the Defendant acquired KRW 12 million from C solely on the basis of the evidence submitted by the prosecution.
3. The instant facts charged constitute a case where there is no proof of crime, and thus, a judgment of innocence is rendered pursuant to the latter part of Article 325 of the Criminal Procedure Act.