The Defendant, a distribution company that sells D products manufactured by C, was running the Company E.

On August 6, 2013, the Defendant, at the H office operated by the victim G located in Seongbuk-gu Seoul Metropolitan Government F, stated that “The Defendant was prepared to lend KRW 120 million out of KRW 170 million necessary for the development of a new product to the victim, and that “The Defendant will pay off the new product without molding it within one month, and would offer the nation’s total right to purchase the new product.”

However, at the time, the Defendant was under pressure on the company’s operating funds due to bad faith and performance worth worth KRW 120 million, and the Defendant did not think of the victim to invest all of the funds borrowed from the victim in the development of new products, and it was not possible to complete the development of new products within one month in the situation where the funds necessary for the development of new products were not fully procured. Therefore, the Defendant did not have the intent or ability to pay not only the victim a total right to purchase new products but also to pay KRW 50 million.

The Defendant, by deceiving the victim as such, received KRW 50 million from the victim as the borrowed money on the same day from the victim, and acquired it through the EFC Co., Ltd.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Entry of each prosecutor's protocol of examination of the accused in each part of the protocol of examination of the accused;

1. Statement made by the public prosecutor in G; and

1. A written statement of I and J;

1. Each report on investigation;

1. Full certificate of registered matters;

1. The defendant and his defense counsel alleged to the effect that the defendant did not have the intent of deception and deception as stated in the facts constituting a crime. However, according to the evidence duly adopted by this court and the investigation completed, the defendant knew that he received KRW 100 million as policy funds, the facts constituting a crime in the judgment.