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The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
1. Although the Defendant did not borrow money from A, the lower court erred by misapprehending the fact that it was guilty of the facts charged of this case and adversely affecting the conclusion of the judgment.
2. Around February 10, 2012, the summary of the charge was prepared and submitted by the public service center of the Seoul Gangseo-gu Seoul Metropolitan Government Police Station, and by the public service center of the Seoul Gangseo-gu Police Station, a complaint filed against A.
The following false complaints are included in the contents of the complaint. In other words, in the case on August 9, 2010 by the Incheon District Court Branch of Busan District Court 2008Kadan1508 (Merger), fraud, etc., the complainant (the defendant) did not borrow 7.5 million won from the defendant (A) under the name of intermediate payment (hereinafter "the apartment of this case") in Bupyeong-si H apartment 1401 (hereinafter "the apartment of this case") from the defendant (the defendant). The purchase price of the apartment of this case was fully borne by the defendant (the defendant) and the defendant (the defendant) was requested by the defendant (the defendant) to lend the money for intermediate payment from the defendant B on or around November 2005, and around that time, the defendant (the defendant) had not received any question "I had not yet borrowed 7.5 million won."
However, on November 1, 2005, the Defendant borrowed KRW 4 million from A to J, a seller, the intermediate payment of the instant apartment, and borrowed KRW 1 million on the same day, KRW 5 million on November 18, 2005, KRW 2 million on the registration cost of the instant apartment on December 6, 2005, and borrowed KRW 7.8 million on August 2009, including borrowing KRW 3 million.
In this respect, the Defendant did not appeal A.
3. The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the following evidence.
4. Judgment of the court below
(a) Any person shall be subject to criminal or disciplinary punishment against him/her;