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The defendant shall be innocent.
Reasons
1. The summary of the facts charged is that the Defendant: (a) around September 23, 2013, around the residence of the victim D (25 years of age) located in Gangnam-gu Seoul Metropolitan Government, “In order to operate the clothing shopping mall via the Internet, and (b) borrowed KRW 25 million each month; (c) paid interest of KRW 15% per annum on a monthly basis. Around January 17, 2014, upon receipt of KRW 70,000,000,000,000,000,000,000,000,000 to the head of the Tong; (d) opened the head of the Tong in the name of the head of the Tong; and (e) issued the physical card, and (e) issued 25,000,000,000 won to the account designated by the Defendant; and (e) received money from the victim’s account in the name of the victim.
However, even if the Defendant borrowed money from the victim, the Defendant did not have the intent or ability to operate the Internet clothes shopping mall. On January 17, 2014, there was no deposit that the Defendant would have to receive, and there was no particular property or monthly income, so there was no intention or ability to repay the money even if the Defendant borrowed money from the victim.
Accordingly, the defendant acquired 24.9 million won from the victim.
2. According to the records, the following facts can be acknowledged.
The defendant and D are responsible for the operation of advertising photographs with the help of the defendant's business model, artist, etc., and discussed ways for D to operate the Internet clothes shopping mall by providing funds. Even according to D's statement, D's conclusion on the operation of the business is reversed, it seems that D's lending of money, not on the day when it was issued to the defendant as stated in the facts charged, rather than on the day when it was given a physical card to him.
Before discussing D and Dong businesses, the defendant plans to operate Internet clothing shopping mall.