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The defendant shall be innocent.
Reasons
On March 3, 2012, the Defendant falsely stated in the charge that, at the I real estate real estate real estate agent office operated by the victim H located in Bupyeong-gu Seoul Metropolitan Government, Seocheon-gu G, Seoul Metropolitan Government, the Defendant “an operation of the I real estate real estate real estate agent office that brokers the bonds to the front line and the same business before the Seoul Viewing. It borrowed KRW 100 million.” If so, the Defendant would make reimbursement within ten days.
However, the intent of fact was to repay the personal debt or use the money received from the victim for the cost of living, and theJ operated by the defendant without any specific property at the time was difficult to the extent of delinquency in the payment of taxes. Therefore, even if it borrowed money from the victim, it did not have the intent or ability to repay it.
As such, the Defendant, by deceiving the victim, delivered a cashier’s check from the victim under the pretext of borrowing KRW 10 million, and acquired KRW 40 million from the Defendant’s mother to the Korean National Bank account (Account Number: L).
The reasons for the judgment of innocence
1. The Defendant and the defense counsel asserted the following purport:
Although the defendant received a total of 50 million won from the victim who had been dead at the time as stated in the facts charged, it means that the victim uses it for operating expenses of the alternative office as stated in the facts charged.
B. In reliance on the victim’s speech that the victim can raise profits from resale of 20 million won at the present two pages of the contract with the victim who had been operating a real estate brokerage office, a sales contract was concluded between M and M to enter into a sales contract with M to determine and purchase 2.3 million won of the NE NE NE No. 302 of the YY-gu, YM as the purchase price of 80 million won, and deposit 5 million won as the down payment into M with M.
C. Afterwards, the defendant requested the victim to lend funds to use the defendant's business funds, and the victim shall do so.