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The defendant is innocent.
Reasons
Indictment
1. On September 2005, the Defendant made a false statement to the victim D, stating that “The Defendant would preferentially repay borrowed money when the payment of construction cost is settled, because the business funds in the Gangnam-gu Capital Market are temporarily deficient, and the victim D is under pressure due to the temporary shortages of funds.”
However, the Defendant had already been liable for damages equivalent to KRW 200 million, and thus there was no intention or ability to repay money from others even if he borrowed money from others.
Nevertheless, the defendant deceivings the victim as above and acquired 10 million won from the seat.
2. Around December 19, 2005, the Defendant made a false statement to the victim’s house of the said victim, “The Defendant had been unable to work in South Korea, and the father has no money to go to the hospital, because there was no money to go to the hospital.”
However, the Defendant had already been liable for damages equivalent to KRW 200 million, and thus there was no intention or ability to repay money from others even if he borrowed money from others.
Nevertheless, the defendant deceivings the victim as above and, i.e., by receiving five million won from the seat, acquired it by fraud.
3. Around March 20, 2006, the Defendant made a false statement to the above victim that the Defendant “at the time the Defendant provided the money to the South Korea Post, even if he/she provided the money to the South Korea, he/she can only carry out the work, and may lend money to the Defendant.”
However, the Defendant had already been liable for damages equivalent to KRW 200 million, and thus there was no intention or ability to repay money from others even if he borrowed money from others.
Nevertheless, the defendant deceivings the victim as above and, i.e., by receiving five million won from the seat, acquired it by fraud.
4. On May 2006, the Defendant borrowed the money to the said victim within 2,30 days from the first place of police officer to the first place of police officer, with the top being above the other money.