1. Around February 2017, the Defendant: (a) around February 2017, on the front side of the building B in Gangdong-gu Seoul Metropolitan Government, the Defendant said that “A victim C is in the name of father who is in a pre-feasible acid; and (b) in order to dispose of this pre-feasible acid, the Defendant paid the transfer tax.”

However, in fact, the defendant did not have any property in advance or in particular, and did not have any intention or ability to repay money from the victim because he did not return the debt with the obligation of 300 million won or more.

Accordingly, the Defendant, by deceiving the victim, received 40 million won from the victim as the borrowed money around February 23, 2017.

2. Around January 2019, the Defendant said that, around January 2019, the Defendant borrowed money from the Vice Minister of Etha in Gangnam-gu Seoul Metropolitan Government, “Around January 2019, the Defendant borrowed money from the victim C as security to the money that he/she has repaid to the victim C.”

However, in fact, the defendant did not have any property in advance or in particular, and even if he borrowed money from the victim, he did not have any intention or ability to pay it.

Accordingly, the Defendant, by deceiving the victim, was remitted from the victim for the purpose of borrowing KRW 50 million around January 22, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. A report on investigation (Attachment to the details of account transactions, etc.) and the details of account transactions attached thereto, and the details of Kakao dialogue;

1. Investigation report (Attachment to details of account transactions by a suspect) and details of account transactions attached thereto;

1. Investigation reports (Attachment of Results of investigation into credit information of a suspect) and the application of Acts and subordinate statutes of the Credit Information Inquiry Agency attached thereto;

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

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The scope of punishment by law: Imprisonment; and