On April 25, 2012, at the convenience store operated by the defendant in Pyeongtaek-si apartment commercial building, the defendant needs to deposit money that can be withdrawn after one year from the Tobacco Ginseng Corporation to the victim D who wishes to receive tobacco sold at the convenience store.

The principal shall be paid within one year, and the interest shall be paid in 80,000 won per month until the principal is fully paid.

“.....”

However, in fact, the Defendant borrowed money from the victim to make a stock investment, but did not need to pay money to the Tobacco Ginseng Corporation, while there was no particular property, but there was no financial situation as much as annual income is about KRW 12 million and there was a bad financial situation as the National Pension is in arrears. Therefore, the Defendant did not lend money if he knew that the victim would have used the borrowed money for the stock investment with a high risk.

The Defendant received 50 million won from the injured party to the corporate bank account in the name of the Defendant on the same day, and received 418,000,000 won from around that day to November 28, 2014 as stated in the list of crimes in the attached Table from around 2014.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the interrogation of the suspect against the defendant (including DNA statements);

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a complaint, a detailed statement of deposit transactions, a supplementary statement of cause of complaint, a statement of transaction by account, a certificate of transaction performance, a certificate of amount of income, a detailed statement of transaction, a statement of insurance premium and pension arrears, and a statement of insurance premium arrears

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes [the scope of recommendations] general fraud.