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The defendant shall be innocent.
Reasons
1. On November 3, 2014, the Defendant made a false statement to the effect that “E”, a complainant in Seocho-gu Seoul Metropolitan Government, working as an employee, the Defendant would repay the principal and interest to the complainant if he/she lends money to the Defendant to make an investment starting with the land value adjacent to the GIC because inter-Korean relations are good.”
However, the defendant did not have the intention or ability to pay the principal to the complainant by investing the money borrowed from the complainant in the land located at the time of selling the money.
Nevertheless, the Defendant deceptioned the complainant as such, and then acquired KRW 30 million from the complainant, KRW 30 million on the same day, KRW 30 million on November 4, 2014, KRW 40 million on November 5, 2014, KRW 9 million on January 8, 2015, KRW 500,000 on March 15, 2015, KRW 16,000 on March 16, 2015, KRW 10 million on June 26, 2015, and KRW 135 million on the aggregate by receiving KRW 10,500,000 from the complainant as the national bank account of the Defendant respectively.
2. The Defendant purchased the land on the part of the Defendant’s assertion and used the land to run the lodging business after taking advantage of the money from the complainant, etc.
3. Determination
A. According to the records, the following circumstances are recognized:
At the time of the first lending of money to the complainant, the complainant did not have any opinion from the Defendant that he purchased the land in exchange for the first time, and he lent the money to the Defendant that the business fund is required.
was stated.
Such statements are inconsistent with the deception stated in the facts charged.
In fact, the Defendant entered into a contract for the purchase of the land sowing between D around 2011, and paid up to KRW 70 million down payment.
After that, after changing the land subject to sale, intermediate payments and design expenses were required, and at the time of lending the instant KRW 100 million from the complainant, on behalf of the defendant.