The defendant shall be innocent.

1. On July 29, 2013, the Defendant stated in the facts charged that “The Defendant borrowed a promissory note to be repaid as the machine sold to the victim as the machine was sold at the G office operated by the victim F in the Chungcheong-gun E, the Chungcheong-gun, and that “The Defendant would refund the bill by the due date of the bill.”

However, the Defendant was not able to pay the amount equivalent to KRW 800 to KRW 9 million to H for about nine months, and even if the Defendant borrowed a promissory note from the victim, there was no intention or ability to repay the amount equivalent to the amount of the promissory note by the due date.

Nevertheless, the Defendant, as such, by deceiving the victim, received from the victim a promissory note with a face value of 5,3350,000 won issued in the name of G representative I.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

2. The Defendant and his defense counsel asserted that the promissory note as stated in the facts charged did not receive the Defendant’s payment of benefits and campings under the pretext of partial payment of the amount, but did not borrow from the Defendant. Even if the said promissory note borrowed from the Defendant, the Defendant did not have any criminal intent to obtain the said promissory note from the victim.

Therefore, according to the records, while the victim was operating a business manufacturing and selling agricultural machinery in the name of "G" under the name of "G", the victim was requested to lend a promissory note from the defendant, and on July 29, 2013, with the payee's blank space, the face value of KRW 53,350,00 and the payment date on November 30, 2013, with the place of payment entered the place of payment as the Cheongsan-nam branch in the company bank's Cheongsan-nam branch, and then the promissory note was prepared in the column of issuance date on the left side of the theft line prior to the theft of the promissory note."