However, at the time, the defendant did not have any intention or ability to repay even if he borrowed money from the victim due to the deterioration of the management status of marina business, and the defendant's personal card loans were overdue.

Nevertheless, the Defendant made such a false statement, and then acquired it through a single bank account (Account Number: E) in the name of the Defendant on the same day from the victim.

On January 31, 2013, the Defendant, at the time of borrowing KRW 10 million from the victim (hereinafter “the instant loan”), denied the charges by asserting that G, a partner of the marina business establishment located in Gangdong-gu Seoul Metropolitan Government F (hereinafter “instant business establishment”), and that “If the Defendant lends KRW 10 million to G as the repair cost of the business establishment, G shall return the investment amount of KRW 24 million, etc. to the Defendant, and repaid the loan by May 1, 2013.” Accordingly, after entering into an agreement with G to the purport that “The Defendant shall return the loan amount of KRW 24 million to the Defendant, etc., and repaid the loan amount by May 1, 2013, the Defendant borrowed all the instant loan amount to G, and that it was merely because G did not repay the loan amount to the victim due to the nonperformance of the said agreement.”

In light of the records, the defendant entered into a business partnership agreement with G on October 22, 2012 and paid KRW 24 million to G as investment funds. ② The defendant borrowed the instant loan from the victim on January 31, 2013 and lent the loan to G on February 1, 2013, which is the following day, with the repayment date of February 1, 2013, and ③ thereafter.