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The defendant shall be innocent.
Reasons
1. Summary of the facts charged
A. On June 9, 2008, the Defendant made a false statement to the victim C by posting a phone to the victim C, stating that “The Defendant is expected to lend money to another person, but may lend KRW 2 million to another person. It shall be repaid after one week.”
However, the defendant did not have the intent and ability to repay even if he borrowed money from the victim due to the lack of income to the extent that he is unable to pay the monthly income of the restaurant.
Accordingly, the Defendant, by deceiving the victim, was transferred 1.8 million won after deducting the interest of 200,000 won from the victim's account on the same day as that of the Defendant's wife D.
B. Around August 2009, the Defendant concluded that “C does not pay the time limit money to the victim E, who borrowed KRW 2,00,000 from C, with the payment of the time limit money. I wish to pay the money to C as the fraternity of C.”
However, due to the fact that C has paid all of the fraternitys, even if the defendant received money from the victim, he did not intend to pay it as a fraternity, and he thought to use it at will.
As a result, the Defendant, by deceiving the victim, received KRW 1 million from the victim on August 4, 2009 under the pretext of partial repayment of the loan to C around August 4, 2009.
2. According to the facts charged in the instant case’s health account and the evidence submitted by the Prosecutor, it is recognized that the Defendant received KRW 1.8 million from C on June 9, 2008 to D account, his/her father, and that he/she received KRW 1 million from E on August 4, 2009.
However, according to the witness C, F, E, and G’s respective legal statements, C lent KRW 2 million to F or H other than the Defendant on June 9, 2008, due to the obligation and obligation between the Defendant and F, C transferred the said money to the account in the name of the Defendant’s father, and E received the statement from C on August 4, 2009 that the Defendant would be the week and paid KRW 1 million to the Defendant.