beta
Text
The defendant shall be innocent.
Reasons
1. Facts charged;
A. On February 2013, the Defendant stated to the effect that, within the “B golf course” office leased and operated by the Defendant in Malaysia, the Defendant would pay interest calculated by 12% per annum to the complainant C at the end of each month, if he/she lent KRW 100 million to the premium for cooking and operating expenses in the golf course, and the principal would be repaid five years after the completion of the set.
However, the Defendant had a bad credit standing and had a debt of KRW 100 million with respect to the golf course previously operated, and the amount of KRW 100 million was already borrowed from other persons with respect to the operation of the above golf course, and even if money was borrowed from the complainant due to no particular property or sufficient income, it is difficult to prepare the set construction cost without additional investment or loan from other persons. Therefore, the complainant did not have any intent or ability to repay the amount normally.
As above, the Defendant, by deceiving the complainant, was transferred from the complainant to the account in the name of D on May 16, 2013 as the borrowed money, and received total KRW 15 million from the complainant on September 13, 2013, including receiving KRW 85 million in cash around September 13, 2013.
B. The Defendant around February 2014.
At the place described in paragraph (1), the complainant stated to the effect that “if 100 million won is additionally lent as 10 million won is insufficient, 20% interest per annum shall be paid at the end of each month.”
However, the defendant is true.
There was no intention or ability to repay the borrowed money normally even if the borrowed money is borrowed from the complainant due to financial difficulties such as stated in the subsection.
The Defendant deceivings the complainant as above and received KRW 100 million from the complainant in cash on the same day.
C. Defendant around July 2016: (a) around July 2016.
In order to operate a golf course more than “the complainant” at the place described in the paragraph.