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The defendant shall be innocent.
Reasons
1. The Defendant, along with the victim E, jointly established and operated a food materials supply corporation (hereinafter “F”), and the Defendant produced and supplied food materials at a restaurant operated by the Defendant, and the victim entered into a business partnership agreement with the Defendant to raise an amount equivalent to 30 million won in the established capital of the corporation. Accordingly, around October 14, 2009, the victim prepared and kept 30 million won in the established capital of the corporation.
On October 15, 2009, the Defendant stated to the victim E that “The Defendant must pay money to his/her father-gu, and when the project that is currently in progress with Cheongdo-related Kado-related affairs is completed, the money enter immediately, and if 20 million won out of 30 million won which is currently prepared as the capital for the establishment of a corporation, it would be repaid within 1 to 2 months.”
However, in fact, the defendant did not have a Cheongdong carpet project in progress, and there was no ability or intention to repay it within 1 to 2 months, even if he borrowed 20 million won from the victim, since he/she was under the circumstance that he/she only bears the obligation of several million won without any property owned by the defendant under the name of the defendant at all.
Nevertheless, the Defendant made a false statement as above, and received KRW 26 million from the victim on October 16, 2009, and received KRW 8 million on November 30, 2009, and received KRW 28 million in total.
Accordingly, the defendant acquired 28 million won from victim E.
2. On the facts charged in this case, the Defendant asserts that the money received from the victim is not the personal ownership of the victim, but the ownership of the company in this case.
In full view of the evidence presented by the prosecutor and the defense counsel, the victim entered into a partnership agreement with the defendant as stated in the facts charged, and accordingly, 30 million won to be used as capital on October 13, 2009 is the personal name of the victim.