The defendant shall be innocent.

1. Around March 31, 2017, the summary of the facts charged stated in the charge that the Defendant made a false statement to the victim D’s “Cuntainment room” located in Seopo-si B, Seopo-si, Seopo-si, the Defendant: “Around March 31, 2017, the Defendant borrowed money necessary for lending gambling money to customers with high interest, and would return the money along with the principal with high interest added thereto.”

However, the Defendant had no particular property or income at the time, and was unable to recover most of the gambling funds already lent to gambling customers, and was the intent to use the money borrowed from the victim as living expenses, etc., so there was no intention or ability to repay the money even if he borrowed money from the victim.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received KRW 5 million from the victim on March 31, 2017; (c) KRW 5 million on April 7, 2017; (d) KRW 5 million on April 23, 2017; (c) KRW 1.5 million on April 30, 2017; (d) KRW 1.5 million on May 19, 2017; (e) received KRW 2.5 million on May 21, 2017; and (e) received KRW 15 million on June 9, 2017 from the victim; and (e) received KRW 5 million in cash from the FF bank under the name of the Defendant, which is managed by the Defendant; and (e) received KRW 5 million on June 12, 2017.

Accordingly, the Defendant, by deceiving the victim, received a total of 40,500,000 won from the victim over eight occasions.

2. According to the records of this case, the following facts are acknowledged. A.

On October 2016, the Defendant got off in Jeju-do, operated a gambling house from around October 2016, was friendly with D who had been continuously residing in Jeju-do, and maintained a dynamic relationship.

B. The Defendant stated at an investigative agency that D requested D to lend money for the purpose of lending money for gambling in order to receive interest first.

Accordingly, the police called D and heard D's statement in order to confirm the defendant's statement, and D was operating a gambling house, but it lent money.