On December 4, 2012, the Defendant: (a) at the Defendant’s house located in the Daejeon Seo-gu Seoul Multi-household 304 around December 4, 2012, the Defendant: (b) demanded the victim D to pay the borrowed money prior to the payment; and (c) demanded the victim to receive a subcontract to pay the borrowed money; and (d) stated that the advance payment is required to be KRW 300 million; and (e) there is a need to further borrow money; and (e) on January 5, 2013, the Defendant made a false statement at the same place as above, “The victim was awarded a subcontract for a large amount of construction work at the F Corporation located in Gangseo-gu Busan Metropolitan Government E; (b) so, he/she can fully pay the borrowed money if he/she borrowed money from the victim.”

However, the defendant did not have any particular property or profit, and the defendant was merely a personal construction business operator who will receive a sub-subcontract from a subcontractor rather than directly receiving a subcontract for a construction project. The defendant had already been responsible for a large amount of labor expenses incurred at several construction sites, so he thought that the above money was used to repay an urgent debt even if he borrowed the above money from the victim, and there was no intention or ability to repay the victim's borrowed money.

Around December 4, 2012, the Defendant, by deceiving the victim, received KRW 116,00,000 from the victim to the Agricultural Cooperative account in the name of the Defendant as a loan, as well as received KRW 116,00,000 from around that time to July 22, 2013, totaling KRW 221,00,000 from around six times, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. A report on investigation (specific report on the amount of damage);

1. Details on execution of a warrant of search and inspection;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 347(1) of the Criminal Act applicable to the crime and Article 347(1) of the selected Criminal Act (a comprehensive provision) provides that the defendant's reasons for sentencing of the crime of this case are the time of and against the crime of this case, partial repayment of payments to the victim, and the suspension of execution of the defendant.