57,800 of the costs of lawsuit shall be borne by the defendant.

Of the facts charged in the instant case.

1. From May 16, 2016, the Defendant decided to make an investment in half of the Company B, the Defendant established the Victim D Co., Ltd. in Seongbuk-gu, Changwon-si, Changwon-si, and has been engaged in the purchase and management of equipment, business, etc. of the Victim Co., Ltd.

On April 27, 2016, the Defendant, a representative director of the Victim Company, received money from the Victim Company B, which was established in the Victim Company, and received 20 million won approval from the Defendant’s wife E bank account, and kept in custody for the Victim Company for the Victim Company. Around that time, the Defendant embezzled the Victim Company’s property, which was kept in his/her business, by consuming KRW 10 million for personal purposes, such as paying personal debts at his/her own discretion, etc.

2. Fraud (on June 22, 2016, KRW 48 million) Defendant is required to expand factories and install additional facilities at the above company office around June 22, 2016 to the victim B. “The Defendant operates the Company G in the Changwon-si F in its wife name, which is a motor vehicle part or a defense part company.”

It shall be repaid up to the end of the year when he/she lends money.

“A false representation was made.”

However, the defendant did not have an intention or ability to pay the money borrowed from the victim because he did not operate the G well, but it was difficult for the defendant to pay his personal debt due to a continuous business failure. Since he thought that he has repaid his personal debt, he did not have an intention or ability to pay the money borrowed from the victim.

The defendant deceivings the victim as above and acquired 48 million won from the victim to the above defendant's wife E bank account on the same day.

Summary of Evidence

1. The defendant's partial statement in court (Provided, That for a crime falling under paragraph (1), the statement in court shall prevail);

1. Legal statement of the witness B;

1. A complaint (including the attached table);

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions of the Criminal Act and Articles 356, 355(1) and 347(1) of the Criminal Act concerning the selection of criminal facts and punishment, and punishment of imprisonment with prison labor.