At around 12:00 on July 10, 200, the Defendant stated that E-real estate managed by the victim D in Busan Metropolitan City around 12:00 will require funds to open a restaurant, but if 100 million won is loaned, 2% interest per month shall be paid, as collateral, the Defendant will offer the right to sell the new site area corresponding to the new housing site area as security, and pay it within three months.

In fact, the defendant did not have the intent to repay the borrowed money from the victim because he did not think that the defendant had a debt of 50 million won at the time and did not have an idea to provide the above right

As above, the Defendant, by deceiving the victim as above, was issued 100 million won (8 pages of cashier's checks with 10 million won and 20 million won cashier's checks) from the victim's position.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Examination protocol of the accused by prosecution;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Each report on investigation;

1. Application of the Acts and subordinate statutes to the complaint;

1. Determination as to the defendant's assertion of the pertinent Article of the Criminal Act and Article 347 (1) of the Criminal Act concerning the criminal facts

1. The gist of the defendant's assertion argues that the defendant had no intention to acquire the victim because the victim was well aware of his/her economic situation.

2. The following circumstances, which are acknowledged by the evidence duly adopted by this court and completed an investigation, i.e., the Defendant borrowed from D around July 10, 2008 the amount of KRW 100 million due on October 10, 2008; 2% of the interest rate; 6-4; and 9-2 as collateral; 2. The Defendant offered 6-4; and 9-2 as collateral from the bond company with the new housing site area, quasi-residential housing area, and quasi-residential housing area, which was offered as collateral to D; 30 million won from the bond company; 3. The Defendant borrowed the instant money with the proceeds of operating a restaurant in knchland.