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The defendant shall be innocent.
Reasons
1. The Defendant is the representative director of C and D Co., Ltd.
On November 20, 2009, the Defendant stated that the victim E “I will change the bill to another bill if the maturity is on May 201, 2010,” the Defendant loaned 50 million won to the victim E at the expense of having opened the F in the Gyeonggi-do Pandser Pander Pander Pander Pander Pander Pander Pand to engage in over-person funeral.”
However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it or change it to another bill at maturity.
Nevertheless, the Defendant immediately received money of KRW 20 million from the victim to the national bank account (G) in the name of the Defendant, and received money of KRW 30 million under the same name on the 26th day of the same month, and acquired money of KRW 50 million in total.
B. On April 14, 2010, the Defendant made a false statement to the said victim, stating that “The Defendant would make a repayment together with the interest of the third copy of the month if he/she lent money in short of the operating capital of H with the said money to the said victim.”
However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it.
Nevertheless, the defendant, however, has received from the victim a transfer of 9 million won from the victim to the national bank account in the name of the defendant on the same day, from that day, from that year.
8. By 23. Before 23., a total of KRW 374,70,000,000, as shown in the annexed crime list, was received as a borrowed money and acquired it.
2. Determination:
A. As to the facts charged in the instant case, the Defendant asserts that the Defendant was invested in the business fund as a business relationship with the victim, not merely borrowing money.
According to the evidence submitted by the prosecutor, prosecutor, and defense counsel, the victim operated a medical store, "F" located in the case of the defendant around October 2009, as a partnership with the defendant, and the profits therefrom are 40% and 60% of the victim.