beta
Text
The defendant shall be innocent.
Reasons
1. Summary of the facts charged
A. On January 12, 2011, the Defendant borrowed KRW 25 million to the victim C, stating that “A shall offer K7 passenger cars purchased at the rate of KRW 27 million at the present time to B. A car installments shall be paid at the time, and the said vehicle shall be transferred after one year.” From the victim on January 12, 201, the Defendant was transferred KRW 5 million to the Gwangju Power Credit Cooperative Account (Account Number D) in the Defendant’s name, and around January 13, 201, KRW 20 million to the said account.
However, in fact, while the Defendant was liable for approximately KRW 30 million in the financial right at the time, the Defendant was in a state where the restaurant business operated by the Defendant was operated by the enemy, and there was no other special property, so even if the Defendant borrowed the above money from the victim, the Defendant paid all installments after one year and did not have an intention or ability to transfer the said vehicle to the victim.
As a result, the Defendant was given KRW 25 million by deceiving the victim.
B. On January 22, 2011, the Defendant borrowed KRW 40 million, stating that “The Defendant is able to obtain a large amount of income if he/she runs an advertising business” at a “F restaurant operated by the Defendant in Nam-gu, Gwangju, Gwangju. The office is also leased, and the Defendant completed the purchase of machinery, etc. necessary for the advertising business. If operating funds are insufficient, 2% interest per month shall be paid to the Plaintiff, and the principal shall be repaid in full after one year, shall be paid to the Plaintiff on February 15, 201, and around February 17, 2011, KRW 25 million was transferred to the said Gwangju Gwangju Mine Credit Union account in the Defendant’s name, around February 17, 201, and around March 3, 2011, KRW 100,000,000 from the account number of companies in the name of the Plaintiff (hereinafter “H bank”) and KRW 100,000,000 won was transferred.
However, the defendant cannot use all of the advertising business even if he borrowed the above money from the victim due to financial difficulties due to the business depression of the above restaurant operated by him.