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The defendant shall be innocent.
Reasons
1. Around October 2013, the summary of the facts charged in the instant case concluded that, at the Defendant’s office located in Gwanak-gu in Seoul Special Metropolitan City, the victim C would be paid a high interest of 120% of the principal and principal after three or four days if investment is made in the fund in good items.”
However, the defendant had no intention or ability to pay all interest and principal even if he/she borrowed money from the victim because he/she was attracting investment in a game machine development project at the time and he/she was urgently needed to pay profits to other investors.
Nevertheless, the Defendant, as seen above, transferred the victim’s money under the name of KRW 45,00,000 over 12 times from October 11, 2013 to November 5, 2013 as indicated in the list of crimes in the following list, but did not transfer the money to the victim 31,15,000 won over 16 times from October 18, 2013 to December 6, 2013, and acquired the money by failing to repay the remainder 13,845,00 won.
2. Determination
A. The defendant and his defense counsel asserted that there was no phrase such as "Good Fund", "principal and high interest after three or four days" as stated in the facts charged, and merely borrowed money from the victim.
B. According to the evidence submitted by the prosecutor, the victim stated in the police investigation that "When the defendant makes an investment in the fund with a good item, he made an investment with a high interest of 120% of the principal and principal after three or four days of the day or four, the victim stated that "the defendant is in the name of the female register, and how much money was punished, etc.," and stated that "at the time of the said speech, the defendant did not speak that what kind of fund is the defendant at the time when he was trusted, and that he would make a high interest of 120% of the principal in conducting the fund business." The victim stated that "The defendant will make a high interest of 120% of the principal in the fund business."