The defendant is innocent.

1. The summary of the facts charged was a situation in which the Defendant delayed the payment of health insurance premiums, etc. due to the decline in sales from around December 2016 while engaging in the business of manufacturing clothes under B, a trade name around March 2013.

On November 16, 2017, the Defendant made a false statement to the victim C, stating that “The Defendant would have to pay money to the trading office.” The Defendant would have to pay money after the month.”

However, in fact, the Defendant did not have any special property at the time, and as the obligation of the financial institution was approximately KRW 600 million, there was no intention or ability to repay the debt even if the Defendant borrowed money from the victim.

As such, the Defendant, by deceiving the victim as such, received KRW 3 million from the victim to the E account in the name of the Defendant’s wife as the borrowed money on the same day, and received KRW 24 million in total five times from the date to February 8, 2018, such as the list of crimes in the attached Table.

2. Determination

A. In a criminal trial, the conviction of guilt should be based on evidence with probative value, which could lead a judge to feel true enough to have a reasonable doubt. Unless such proof is given, the conviction cannot be determined even if there is a suspicion of guilt against the defendant.

B. The record reveals that the Defendant borrowed KRW 24 million from the victim from November 16, 2017 to February 8, 2018 when the Defendant had a debt equivalent to KRW 600,000,000,000,000 from the victim as shown in the crime list in the attached list of crimes, and the Defendant paid the victim 12,00,000 won as a substitute around January 2017, but did not pay the remainder of KRW 12,00,000 until now.

C. Furthermore, according to the records, the following facts are acknowledged as to whether the Defendant did not have the intent or ability to repay the above money at the time of borrowing the money from the victim.

(1) The Defendant around 2017.