On October 6, 2011, the Defendant told the victim E that “I will receive medical care expenses and return money by requesting the mother who has lent KRW 5 million to a large number of self-employed enterprises.”

However, in fact, the Defendant did not have any particular property or income at the time, and even if he borrowed money from the victim, the Defendant did not have any intent or ability to repay the money, even if he did not have any intent or ability to borrow money from the victim, inasmuch as he was aware that he would make a foreign currency equivalent to KRW 1 billion from the F that he would take from around 2010 and invested in F in the amount equivalent to KRW 400 million.

The Defendant, as such, by deceiving the victim, received KRW 5 million from the victim to the N’s account designated by the Defendant, and received from that time a total of KRW 67,770,000 from that time until August 1, 2016, as indicated in the annexed Crime List, from August 1, 2016.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning E and G;

1. Complaints, written confirmation, confirmation of debt, certificate of deposit transaction performance, each loan certificate, redemption pledge, written guarantee for payment, and remittance receipt;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act concerning the crimes;

1. Considering that, among concurrent offenders, the reasons for sentencing under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act, the amount of damage caused by the instant crime is not specified, the fact that the Defendant has the same criminal records, and that no particular damage recovery measures have been taken up until now, among the concurrent offenders, a sentence identical to the order shall be imposed on the Defendant, taking into account the factors favorable to the confession of the Defendant.