On October 20, 2013, the Defendant made a false statement to the effect that “The Defendant would pay 2% interest of 2% per month to the victim E with money borrowed” at the Defendant’s house located D 302, Gambling-si, Ma302.

However, in fact, the Defendant did not have a certain amount of income because it was difficult to operate BenC at the time, and the Defendant was unable to repay approximately KRW 50 million existing debts, and the Defendant’s home did not have any specific property, such as the right to collateral security (right to collateral security). Therefore, even if the Defendant borrowed money from the victim, there was no ability or intent to repay the amount in accordance with the agreement.

On October 20, 2013, the Defendant acquired KRW 7 million from the injured party, KRW 10 million around October 21, 2013, KRW 2 million around October 23, 2013, KRW 200,000 around October 24, 2013, and KRW 20 million around October 24, 2013.

Summary of Evidence

1. Legal statement of witness E;

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

1. Statement made by the police for E;

1. A complaint, a written statement of payment, a real estate register, a currency content storage CD, a criminal investigation report (Submission of a statement of bank transaction - a statement of bank transaction), a suspect, a criminal investigation report (Submission of a certificate of borrowing KRW 50 million), a criminal investigation report (a statement of confirmation of communications data - a statement of confirmation of communications data - a criminal investigation report ( a statement of non-submission of suspect data);

1. Inspection of multi-family housing prices, and application of Acts and subordinate statutes to each third debtor's statement;

1. Grounds for sentencing under Article 347 (1) of the Criminal Act (Selection of Imprisonment with prison labor) in relation to the facts constituting an offense;

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. Application of the sentencing criteria;

(a) Determinations: [9] Fraud, 01. General Fraud, [Type 1] below KRW 100 million;

B. There is no special sentencing factor:

(c) General sentencing factors: Reasons for mitigation (no record of criminal punishment);

(d) Scope of recommendations: Basic area, six months to one year and six months; and

3. Determination of sentence: Payment of the amount of KRW 10,100,000 by September 11, 2015 (the most favorable circumstance) of imprisonment for six months (the most favorable circumstance is to be appropriated as interest.

related.