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The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. On October 2009, the Defendant: (a) at a coffee shop in which the Seocho-gu Seoul Jongno-gu Seoul Gaman is unable to know the trade name; and (b) the Defendant stated that “The Defendant would borrow money from the Defendant as a loan to the Plaintiff that KRW 15 million is urgently required; and (c) he would repay the money after being loaned KRW 2 billion to the Defendant as a collateral.”
However, there was no real estate owned by the Defendant at the time, and even if the Defendant borrowed money from the victim due to economic difficulties, there was no intention or ability to repay the said money.
Around October 30, 2009, the Defendant, by deceiving the victim as above, received KRW 15 million from the victim at the same coffee shop.
Accordingly, the defendant was given property by deceiving the victim.
2. The prosecutor asserts that in the indictment, under the premise that the defendant does not own the land located in bulk on the premise that the defendant borrowed 15 million won from the complainant C, and that the defendant would borrow 2 billion won from the complainant as collateral the land located in bulk and would have borrowed 2 billion won from the complainant to repay the above borrowed money.
However, according to C's legal statement and the statement of cash custody certificate of the prosecutor submitted by the complainant, the defendant introduced a person who borrowed 15 million won from D to receive money, and asked D to obtain a loan of 2 billion won to D as security at the time and place of the written indictment at the time and place of the complainant's request, and asked D to obtain a loan of 15 million won to D as the cost of a certified judicial scrivener (loan and the cost of establishing security) is required. At that time, D had a certified copy of register which appears to be about the land located in bulk, and at that time, the defendant, D, and the complainant had a copy of register which appears to be about the land located in bulk.