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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. Around the end of December 2005, the Defendant, at the office of “E” located in the Gangnam-gu Seoul Metropolitan Government D3rd floor, made a false statement to the victim F, stating, “The Defendant is operating a E company mainly providing financial consulting, and will provide a loan of KRW 60 billion to the funds necessary for the G Apartment-si Construction Project (hereinafter “instant project”). First, the Defendant sent KRW 60 billion as down payment for the contract deposit in order to contract the land.”
However, even if the defendant received the above money from the victim, he did not have the intention or ability to lend the business fund.
On the 29th of the same month, the Defendant received from the victim KRW 35 million from the account in the name of H designated by the Defendant, KRW 10 million from the account in the name of H, KRW 40 million from the account in the name of J, and KRW 49 million from the account in the name of J.
Accordingly, the defendant was given property by deceiving the victim.
2. According to the evidence submitted by the judgment prosecutor, the Defendant is recognized as having received KRW 45 million from the victim in relation to the instant business.
Furthermore, there is a statement in the investigative agency of the victim and in this court as to whether the defendant deceivings the victim as stated in the facts charged, and there is evidence corresponding thereto. However, according to the records, the records, in particular, the defendant has consistently made a statement to the effect that "I would like to deposit the so-called "I would like to deposit the so-called KRW 5 billion necessary for the implementation of the business of this case from the victim, and I would like to deposit the above KRW 5 billion through K which is the credit service provider, as the promise," and that "I would like to deposit the above KRW 5 billion through K which is the credit service provider, as the promise," and that the defendant introduced the victim to the victim.