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The defendant shall be innocent.
Reasons
1. On August 6, 2010, the summary of the facts charged, the Defendant stated that “it is urgently necessary to perform construction work” to C at the construction site of the military base located in Macheon-si on August 6, 2010. If the denial of the performance guarantee loans the thesis money, the Defendant would pay two (2) interest during one month and pay by December 6, 2010.”
However, in fact, the defendant did not have the intention to make the deniedr D to guarantee, and on August 2010, the construction work has been interrupted by the Corporation after the application for the work, which is the principal office company of the construction of the above-mentioned team, and the defendant did not have any intent or ability to repay the loan to C because there was no money to receive settlement from the Construction of the Committee for the Settlement of Disputes and there was no other self-sufficiency.
Nevertheless, the Defendant, by deceiving C as above, received KRW 20 million from C as a check on August 9, 2010.
2. Comprehensively taking account of the evidence adopted and examined by this court, the defendant was awarded a contract for the construction work in the military unit in Sacheon, which is located within the military unit in Sacheon and gave a subcontract period to C. After that, on July 6, 2010, the defendant raised a financial shortage to C and requested C to prepare a loan certificate with a loan loan of KRW 20 million on August 6, 2010, and C demanded the defendant on August 6, 2010. Accordingly, C asked C to ask the defendant whether the defendant is aware of what content the defendant is to borrow, and the defendant asked C to ask "the wife is known" and "the wife is required to inform the defendant," and the defendant changed "to prepare a loan certificate with the wife as a guarantor" that "the defendant will be able to know the wife," and the defendant's loan certificate will be repaid by up to 200% on June 20, 201, and interest will be repaid by the defendant under the loan certificate."
"" shall be written, and shall state the name and address of the wife D in the surety column below, and shall be recognized that it was sound to C, and the above facts of recognition shall be recognized.