Around August 16, 2008, the defendant made a false statement to the effect that "if he gets a bicycle, and he gets a loan from a national bank as security, he / she shall pay 200,000 won a monthly interest, and he / she shall pay the principal at any time when she wishes to do so, he/she shall be paid 25 million won a loan from the victim, i.e., at the victim's residence located in the above apartment 101 Dong 609, May 21, 2009, at the victim's residence located in the above apartment 101 Dong 609 on May 21, 2009, the defendant made a false statement to the effect that "if he/she gets a bicycle riding, he/she is urgently required, he/she shall pay 200,000 won per month interest, and the principal shall be paid from the victim's seat to him/her as a loan."

However, in fact, the defendant did not normally operate the bicycle shop at the time, and it was difficult to have an economic situation because there was no particular revenue or property, such as the defendant's obligation of medical expenses for his wife and obligation to his customer. Therefore, even if he borrowed the above money from the victim, he did not have the intent or ability

As such, the Defendant, by deceiving the victim as such, received a total of KRW 45 million from the victim twice in total under the pretext of borrowing money.

2. Circumstances acknowledged by the record on the market, ① the Defendant asserted that he paid the above money from the beginning to the effect that “the Defendant repaid KRW 25 million to the victim on April 15, 2010,” and there was no evidence suggesting that the name and private person of the victim was also prepared by the victim under the receipt.