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The Defendant is not guilty. The summary of the judgment of this case is publicly notified.
Reasons
1. Summary of the facts charged
A. On July 18, 2013, the Defendant stated, “On the 17th day of September 2013, the Defendant would repay the victim up to September 17, 2013 and pay the victim 10% of the interest interest per month on the E office operated by the Victim Network D (Death, October 12, 2013) in Ansan-si.”
However, in fact, the Defendant did not have any intention or ability to change the obligation as promised, because there was almost no income in a situation where the obligation was 320 million won at the time of borrowing, and thus it was difficult to pay interest, so even if he borrowed money from the injured party.
The defendant deceivings the victim as above and was transferred 18 million won to the new bank account (number : F) in the name of the defendant from the victim.
B. On August 1, 2013, the Defendant stated that “If the Defendant loaned KRW 70 million, including KRW 20 million at the same time, at the mutual infinite-dong, he/she would repay the principal to the victim up to September 1, 2014 and pay 3% of the interest interest on it on the 26th day of each month.”
However, in fact, the Defendant did not have any intention or ability to change the obligation as promised, because there was almost no income in a situation where the obligation was 320 million won at the time of borrowing, and thus it was difficult to pay interest, so even if he borrowed money from the injured party.
As above, the Defendant: (a) by deceiving the victim; (b) transferred KRW 10 million to the account in the name of G, a creditor of the Defendant around the 3th of the same month from the victim; and (c) transferred KRW 8.4 million to the account in the name of the Defendant around the 9th of the same month; and (d) million won to the account in the name of the Defendant on the 16th of the
Accordingly, the defendant was given property equivalent to 40,400,000 won by deceiving the victim.
2. Determination
A. The burden of proving the facts charged in a criminal trial is the prosecutor, and the conviction is the judge's reasonable doubt.