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The defendant is not guilty. The summary of this judgment shall be announced publicly.
Reasons
1. On August 13, 2019, the Defendant was sentenced to imprisonment with prison labor for a violation of the Labor Standards Act at the Seoul Western District Court on April 13, 201, and the said judgment became final and conclusive on August 20, 2019.
On July 3, 2012, the Defendant stated that “Around July 3, 2012, the instant victim D, who first met or became aware of at the construction site of the C Middle School Party D in Seo-gu, Seo-gu, Daejeon, would receive progress payment. However, at present, the Defendant did not know of the general wages under the supervision of the C Middle School Party D, because the progress payment was not made, he would immediately repay the progress payment when he borrowed KRW 10 million.”
However, at the time of fact, the defendant had a personal obligation of 60 million won or more, while there was no certain income, and even if he received progress payment, he had the intention to preferentially use the personal obligation, such as wage, and living expenses, so there was no intention or ability to repay the money borrowed from the victim.
Nevertheless, the Defendant, by deceiving the victim as above, received 6.75 million won, including 1.360,000 won in the E’s account and 5.39,000 won in the F’s account on July 3, 2012 from the victim, and acquired 3.25 million won in cash at the above Cmiddle School site on the same day at around 18:00, and acquired 10,000 won in total.
2. The Defendant’s assertion that ① the amount borrowed from the victim is limited to KRW 6.55,00,000,000, which is the sum of KRW 6.7555,000,000,000,000,000,000 won, which is the sum of the transferred money and KRW 3,000,000,000,000,000 won when the victim received payment from G as if the victim were seen thereafter. ② The Defendant was willing to repay the borrowed money as the construction price to be received as the new construction works of the C Middle School Party which was employed with the victim at the time, and this circumstance was