On November 5, 2015, the Defendant applied for the loan of the funds to an employee in charge of loaning the name of the victim BNK Capital Co., Ltd. at the office of "D" located in Pyeongtaek-si Co., Ltd. on or around November 5, 2015, provided the relevant digging pool as collateral for the loan, and paid in installments for the next 60 months by working as the digging pool.

Merely determined.

However, even if the Defendant received a loan from the injured party, he did not immediately transfer it to a third party, and did not have the intent or ability to pay the loan by taking the deposit to the third party, and there was no intention or ability to do so. Since the mortgage set up in the relevant digging season was also considered to be transferred to a third party, there was no intention to have the injured party execute it.

Nevertheless, the defendant made a false statement as above and received a decision to grant a loan from the injured party on the same day, and caused the injured party to send the purchase price of 65 million won to the seller (E), and the same month.

9. After transferring the above mining ground to a third party on his name, the above mining ground was issued 23 million won under the name of the deposit money.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness F;

1. Part of the witness G’s witness G’s legal statement, part of the police’s statement report about G’s protocol, and part of the accusation (the part containing the Defendant’s statement among each of the above evidence is inadmissible as evidence in principle pursuant to Article 310-2 of the Criminal Procedure Act, and the evidence submitted by the prosecutor alone was made under particularly reliable circumstances.

Since it is insufficient to admit the admissibility of evidence, it cannot be admitted.

1. An application for motor vehicle finance, an agreement on loan, a table of loan examination, a certificate of transfer (for transaction of construction machinery by construction machinery dealers), and