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The defendant shall publicly announce the summary of the judgment against the defendant not guilty.
Reasons
1. On October 2008, the summary of the facts charged stated that, in the E’s operation of the Defendant on the 8th floor of the Sinsan-gu Seoul Metropolitan City D Building, the Defendant said that, “In order to operate a amusement room in the Geumju-gu Gold village, the Defendant would operate a amusement room with a monthly interest of KRW 300,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won per month, the Defendant would be returned at any time on the 50,000,000,000 won per month after deducting the deposit at the place where the Defendant lives at present.”
However, there was no specific plan to operate a new entertainment room at the time when the defendant borrowed money from the victim, and there was no intention or ability to pay the principal and interest of KRW 3 million per month to the victim.
Nevertheless, the Defendant made a false statement to the victim as above, and obtained a copy of the original check from the victim on October 22, 2008 and acquired it by fraud.
2. Determination
A. 1) The following facts can be acknowledged in full view of the Defendant’s partial statement, the witness F’s partial statement in the second trial record, the certificate of agreement execution, the statement of agreement among the evidence requested by the prosecution, the suspect’s bank account transaction statement, the suspect Han Bank account transaction statement, the check issuance document, the statement of transaction in Han Bank (2007-2008) among the evidence requested by the Defendant, and the statement of transaction in Han Bank (2007-2008) among the evidence requested by the Defendant. A) On October 22, 2008, F issued a copy of the check of KRW 35 million at the Goyang Livestock Bank’s low-F branch, and on the same day, F puts G on the same day.
B. G immediately ordered the above check from F on October 22, 2008 to the Defendant, and the Defendant deposited the above check into the account in the name of the Defendant on October 23, 2008 on the following day, and then deposited it into the account in the single bank account in the name of the Defendant, and on October 23, 2008, KRW 9.8 million among them was paid to H, and KRW 3 million.