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The defendant shall be innocent.
Reasons
1. The Defendant is the representative director of C Co., Ltd., and the victim D (the remaining and the age of 58) is a person who promoted E-purchase projects.
In relation to the case of the above business, the defendant demanded a loan of 25 billion won from the injured party upon the request of the injured party to obtain a loan of 25 billion won, and tried to enter into a pm service contract with the injured party, but the injured party refused to do so but did not enter into the above service contract.
On August 16, 2016, the Defendant stated, “The Defendant, at the office of Seocho-gu Seoul Metropolitan Government F Building 401, that “Around August 16, 2016, the Defendant provided the victim with a loan of KRW 25 billion from the domestic highest securities company to the Korean highest securities company,” and said, “The Defendant would have the victim get loans of KRW 25 billion within one month, per week.”
However, the defendant did not have any ability or intent to get a loan even if he received the advance payment from the injured party because there was no contact that the defendant would have borrowed 25 billion won from the securities company.
Nevertheless, the defendant deceivings the victim as above and was transferred 5 million won to the national bank account in the name of the defendant as the starting money on June 17, 2016.
2. Of the facts charged in the instant case, whether the Defendant told the victim of the C office around August 16, 2016 that “Around August 16, 2016, the victim provided a loan of KRW 25 billion from a domestic highest securities company to a domestic highest securities company,” and that “Around September 16, 2016, the victim would have been granted a loan of KRW 25 billion within a period of 10 million.”
In light of the following circumstances acknowledged by the record, each statement of a witness D’s investigative agency and this court is difficult to believe as it is, and the remaining evidence submitted by a prosecutor is insufficient to acknowledge it only, and there is no other evidence to acknowledge it.
① On August 16, 2016, the Defendant concluded a PM service contract with the victim at the C Office Co., Ltd. on behalf of C.