The defendant pays 70,000,000 won to the applicant for compensation by deceit.

Around August 11, 2008, the Defendant: (a) at the E-E office in Gangnam-gu Seoul Metropolitan Government, paid the victim C a total of KRW 370 million from January 2009 to the end of July 2009, the Defendant provided that “if the business contract is finalized and the mine is mined, the Defendant may promptly sell the light and make a large profit.” (b) In relation to this business, the Defendant borrowed KRW 70 million from the mine to the end of July 2009. The Defendant said that: (c) around October 2008; (d) around November 2008, KRW 10 million each month; and (e) KRW 50 million each month from the end of January 2009 to the end of July 2009; and (e) paid the principal and the profits in total under the pretext of the principal and the profits.”

However, in fact, the Defendant did not have any particular property or profits as a bad credit holder at the time, and there was no uncertainty as to whether to make profits by running the above business, and thus there was no intention or ability to pay the principal and profits within the fixed period as agreed upon with the victim even if he received money from the victim.

The Defendant received 37 million won, around August 11, 2008, from the victim’s new bank account in the name of E (F), around 37 million won, around August 12, 2008, KRW 18 million around August 12, 2008, KRW 7.5 million around September 11, 2008, and KRW 7.5 million on September 25, 2008, and KRW 7.5 million on September 25, 2008.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. The defendant's partial statement (the defendant alleged to the effect that he did not deception the victim and did not have the intent to defraud the victim, but the crime is recognized in full view of the evidence as follows)

1. The legal statement of the witness C;

1. Statement C of the police interrogation protocol (two times) of the accused;

1. Statement by the prosecution against C;

1. Statement to C by the police;

1. A complaint;

1. Application of Acts and subordinate statutes to attached documents, such as a monetary loan contract, bank transaction statement and e-mail;

1. Article 347(1) of the Criminal Act by universal title, with respect to the relevant criminal facts;

1. Article 31(1) and (2) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings for Compensation Orders;