The defendant shall be innocent.

1. On March 30, 2016, the Defendant falsely stated in the facts charged that “A victim C, in front of the member-gu Seoul Metropolitan Government Law Firm B, who borrowed money to another person and received interest at a high interest rate, shall be the number of days during which he/she borrowed money, and if he/she borrowed money, he/she shall pay 5% interest per month and shall pay the principal in one year.”

However, in fact, the Defendant did not have certain occupation or particular property. The Defendant borrowed money from a lending company, card loan, etc. without own funds and lent the remainder to those who do not make profits from consumption due to living expenses, interest on loans, etc., so there was no intention or ability to repay the principal and interest to the victim.

The Defendant, by deceiving the victim as above, received KRW 10 million from the victim to the D Association account (E) in the name of the Defendant on the same day under the pretext of borrowing money from the victim, KRW 5 million to the G Association (H) in the name of F on the same day, KRW 15 million to the same account around July 7, 2016, KRW 15 million to the same account around July 9, 2016, and KRW 18 million to the same account around September 1, 2016, and KRW 1.8 million to the same account around September 1, 2016.

Accordingly, the defendant was given property by deceiving the victim.

2. Determination

A. According to the records, the defendant's act of playing for the number of days during which he/she receives interest at interest rates from the victim, "if he/she lends money to another person, pays interest rate of 5% per month, and he/she will pay the principal in one year, and he/she will pay it in full." On March 30, 2016, the amount of KRW 10 million from the victim as the D Association Account (E) in the name of the defendant, KRW 5 million from the G Association (H) in the name of F on the same day, KRW 15 million from the above D Association Account in the name of the defendant on July 7, 2016, KRW 15 million from the same account in the name of the defendant on July 9, 2016, and KRW 18 million from the same account on the same day on the same day on September 1, 2016, each of the victim received the money (hereinafter "the money of this case") from the victim (hereinafter "the money of this case").

However, in light of the following circumstances recognized by the record,