The Defendant had a personal debt of at least KRW 155 million, and the Defendant had no intent or ability to repay the debt, even if he/she borrowed money from others, due to the lack of business funds of “C” operated jointly with others.

Nevertheless, the Defendant:

1. On January 11, 2012, in front of the “C” sentiments located in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul, stating that “A” with respect to E, “If his or her husband and wife is operating an Internet shopping mall business, and the goods are sold, interest shall be paid at 1.5% per annum on the 13th day of each month, and the principal shall be repaid on July 13, 2012,” and the Defendant received from E, that is, KRW 10 million,00,000,000 won from E, namely, the victim F, who is the seat of Dong for a loan.

2. On February 13, 2012, at the same place, E made a false statement to E stating that “if his/her husband and wife in the Republic of Korea is operating the Internet shopping mall business, and he/she lends KRW 20 million, the interest shall be paid at 13% per month on the 13th day of each month, and the principal shall be repaid at around October 13, 2012, he/she received KRW 20 million owned by the said victim F on the pretext of a loan from E, in other words, from E.

Accordingly, the Defendant, by deceiving E, received property equivalent to KRW 30 million from the victim F, which is the sum of KRW 30 million.

The defendant denies the criminal intent of defraudation.

The criminal intent of defraudation, which is the constituent element of fraud, shall be determined by comprehensively taking into account the objective circumstances such as the defendant's financial history, environment, details of the crime, and the process of performing the transaction before and after the crime, unless the defendant makes a confession. In borrowing money from another person, if the other party has failed to comply with the true notice concerning the purpose of the borrowed money or the method of raising the funds to be repaid if the other party has failed to comply with it, the crime of fraud shall be committed.