However, the Defendant borrowed KRW 51 million from C on two occasions in the course of performing the work, such as aiding and abetting C’s business investment attraction, and thereafter, C, which was divided into the business funds, demanded C to continue to repay the borrowed amount, and the victim, by means of repaying the borrowed amount, recommended C to make an investment in the business of C, and C, as if female job offering victims repay the borrowed amount instead of the borrowed amount, had the intent to pay the debt.

On September 3, 2007, the Defendant found a victim who was hospitalized in a hospital at the F Hospital Hospital Hospital in Gangnam-gu Seoul, Seoul on September 3, 2007, and concluded a false statement with the victim that “If C lends 50 million won to the customer, it is necessary to pay the amount that C would have to pay to the customer, the Defendant would be able to pay the amount by paying interest well. If it is impossible to pay the amount, the Defendant would be able to know about the reduction of the C company shares equivalent to 50 million won.”

However, as above, the defendant thought that he would be able to pay his debt to C with the money of the victim.

As above, the Defendant, by deceiving the victim as above, had the victim transfer the sum of 40 million won to the national bank account in C on the same day as the loan money, and 10 million won to the same account on September 4, 2007, thereby acquiring pecuniary profits equivalent to the amount of the Defendant’s debt 50 million won to the Defendant’s debt 50 million won.

2. Determination

A. The defendant and his defense counsel's arguments: ① did not borrow 51 million won over two occasions from C, ② did not mean that the victim would not pay his own borrowed money on behalf of the victim, and the victim will be able to pay his debt.