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The defendant shall be innocent.
Reasons
1. On May 2015, the Defendant charged with the instant charges to the victim E, who is a workplace club in the rear end of the “D” factory located in Gwangju metropolitan City on the grounds of the facts charged.
If a loan is granted under the name of the party, the loan shall be repaid with the loan of the existing lending company in the name of the party and the credit shall be recovered by arranging the loan of 45 million won and friendship with the existing lending company, and the friendship shall be established as the guarantor, and the loan shall be repaid immediately after receiving a repayment from the commercial bank.
The phrase “ makes a false statement.”
However, in fact, the defendant has a loan amounting to 45 million won, and the defendant was willing to receive money from the injured party to use the loan amounting to 45 million won, personal loan repayment, etc., and did not have the intent or ability to receive the loan from the principal and to receive the loan from the principal.
On May 21, 2015, the Defendant: (a) by deceiving the victim; (b) received from the victim; (c) around May 21, 2015, KRW 3.8 million from the Defendant’s bank account with the name of the Defendant; (d) KRW 500,00 won from the same account around May 24, 2015; and (e) KRW 58,7 million from the same account around May 26, 2015; and (c) received KRW 63 million in total as the borrowed money.
Accordingly, the defendant was given property by deceiving the victim.
2. Determination
A. According to the evidence duly admitted and examined by the court, the following facts are acknowledged.
1) The Defendant was on December 2014, when he was on a holiday.
Under the E’s guarantee, the Defendant and the victim reverses the statement by which the amount of the existing loan was 43 million won or more.
It shall be recognized as above as stated in the complaint.
B obtained a loan from the second financial right (hereinafter referred to as “existing loan obligation”), and E demanded the Defendant to deduct his guarantee from the Defendant around the instant case.
2) The Defendant received loans from the private person F for loan consultation F in the name of E, and repaid the Defendant’s existing loan obligations.