1. On March 7, 2015, the Defendant: (a) made a false statement to the victim D, who became aware of in the course of the c coffee shop located in Nam-gu, Daegu-gu, Daegu-si, that “on the face of lending KRW 14,400,000,000, the Defendant provided a loan to others with the said money; and (b) provided a repayment of KRW 15,00,000,000 within a month with the proceeds therefrom.”

However, the defendant had no intention or ability to change the above money on the fixed date, even if he borrowed money from the injured party, because he thought that it will be used for gambling funds, not as lending business.

Nevertheless, the defendant deceivings the victim as above on the 10th of the same month and acquired the money from the victim through the Agricultural Cooperative Account (Account Number: E) in the name of the defendant.

2. On March 26, 2015, the Defendant loaned the victim '9.6 million won to another person at the infinite coffee shop located in Nam-dong, Nam-gu, Daegu-gu, Daegu-gu, about March 26, 2015, and made a false statement to have the other person repay 10 million won with the proceeds of lending 9.6 million won within a month.

However, even if the Defendant borrowed money from the damaged person, as described in paragraph 1, the Defendant did not have any intention or ability to change it on the agreed date.

Nevertheless, the defendant deceivings the victim as above and acquired 9.6 million won from the victim to the above Agricultural Cooperative account as the loan money.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. An investigation report (for a time, 37,38);

1. Details of each transaction, application of the relevant Acts and subordinate statutes to the recipient ledger;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. In full view of the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act (Sentencing) of the Act on the Aggravated Punishment of Concurrent Crimes (hereinafter “Aggravated Punishment”), the amount of fraud, the amount of damage not recovered, and the wish of the victim to punish the victim, but there is no record of being punished for the same crime