1. On September 17, 2017, the Defendant, who committed the crime of October 17, 2017, called, “If he/she borrowed KRW 38 million from five lending companies, etc. in the name of his/her lender, he/she shall be liable for the payment of the loan if he/she borrowed KRW 38 million from five lending companies, etc. in the name of his/her lender, as it is necessary to make money in order to carry out the clothing business in friendly Seoul.”

However, in fact, the Defendant was merely a plan to repay other debts with money borrowed from the victim or to use it as living expenses, etc. from October 2017, and there was no fixed income from around October 2017, and there was no asset in the name of the Defendant and was in bad credit standing. Therefore, there was no intention or ability to repay the above loans.

On October 16, 2017, the Defendant, by deceiving the victim as above, had the victim take over KRW 15 million from the E Bank to the E Bank, KRW 7 million from the F Co., Ltd., KRW 5 million from G Co., Ltd., KRW 4 million from H, KRW 4 million from H, and KRW 7 million from H to the J Bank account in the name of the Defendant at around 19:16 of the same day, and acquired KRW 2 million from the money to the J Bank account in the name of the Defendant at around 19:16 of the same day, and acquired KRW 35,97,000 from the next date to the same account at around 10:33 of October 17, 2017.

2. On December 19, 2017, the Defendant made a false statement, “Around December 19, 2017, the Defendant made a phone call to the victim D and made a prompt payment of the money to the victim D. Until January 2018, the Defendant made a false statement to the effect that “Around December 19, 2017, the Defendant borrowed KRW 1.5 million per se, to be repaid without a mold.”

However, in fact, the Defendant did not have any fixed income at the time and did not have any property under the name of the Defendant, and was in a bad credit position, so there was no intent or ability to repay the above borrowed money.

Around December 19, 2017, the Defendant, by deceiving the victim as above, received KRW 1.5 million from the victim to the above J bank account under the name of the Defendant and acquired it by deceiving the victim.

Accordingly, the defendant deceivings the victim.