The Defendant is a person who actually operates a “Dccx” text on the first floor of Bupyeong-gu Incheon Metropolitan City.

On February 16, 2012, the Defendant, via E, intended to place an order for construction work to the victim F in the above call text “Acket construction work cost of approximately KRW 320 million.” If the Defendant borrowed KRW 23 million prior to the completion of the construction work, he could not perform construction work by smuggling’s monthly rent, electricity fee, management fee, etc.

“.......”

However, the Defendant, at the time, did not properly pay interest and personnel expenses because it is difficult to operate the above call text, and did not have a clear financing plan for construction cost exceeding KRW 300 million. Thus, even if the Defendant borrowed money from the damaged party and ordered the construction work, the Defendant did not have any intent or ability to pay the borrowed money together with the construction cost, even if he borrowed money from the injured party and ordered the construction work, the Defendant did not have any intent or ability to pay the borrowed money to the injured party.

Accordingly, the Defendant, through E, by deceiving the victim as above, received from the victim to the account in the name of the denying G immediately from the victim, and acquired the victim by transfer of KRW 23 million to the account in the name of E.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Part of the E statement of the suspect interrogation protocol against the accused in the prosecution;

1. A protocol of partially examining the suspect of a police officer regarding E;

1. Statement made by the police with regard to F;

1. A complaint;

1. Application of Acts and subordinate statutes to loan certificates, standard contract for private construction works, and copies of bankbooks;

1. The reason for sentencing of Article 347(1) of the Criminal Act and Article 347(1) of the Act on the Selection of Punishment for Criminal Crimes (the choice of imprisonment) lies in the Defendant’s deception of money by deceiving the victim with regard to his/her ability to repay the money, but most of the money obtained through deception is call text in which the Defendant operated.