The defendant is innocent.

1. The summary of the facts charged in the instant case is the representative of C Co., Ltd., an importing company of fishery products.

On January 17, 2012, at the victim E’s house located in Gwangju-si 105 dong 1104, the Defendant borrowed money from the said victim for lack of operating funds to import alk-cam in Alk-si 104. The Defendant is entitled to full payment of the borrowed money for ten days.

“.........”

However, at the time of the fact, the Defendant prepared to import and sell gaps from the F, G, and Alice, but did not have any intent or ability to repay the gaps even if the Defendant borrowed money from the damaged party due to the lack of any particular operating fund and the lack of business performance, even if he borrowed money from the damaged party within 10 days.

Nevertheless, the defendant deceivings the victim as above and is therefore subject to 20 million won on the same day under the pretext of borrowing from the damaged person;

2. The 13.18 million won, including the total sum of 38 million won, was remitted and acquired through deception.

2. Determination

A. The Defendant has consistently received investment money from E from the investigative agency to the court, and there was no deception or deception of E, and there was no intention to commit fraud.

The argument is asserted.

On the records of this case, it is difficult to readily conclude the money that E delivers to the Defendant as an investment deposit.

However, even if the above money was borrowed, in light of the following circumstances, there was a criminal intent of deceiving or deceiving the victim.

shall not be deemed to exist.

B. Determination as to deceptions is 1) In a case where the defendant's act of disposal of the victim's property or the defendant's act causing such disposal of property is closely related to the failure or performance of any business that the defendant plans, it cannot be determined simply on the basis of the defendant's financial power or credit status, and the relationship between the victim and the defendant, and the business in question.