The defendant will pay 53 million won to the applicant through fraud.

On November 2013, the Defendant stated that “D” in the “D” restaurant operated by the injured party B in Busan Jin-gu, Busan, that “The Defendant is developing high-class cosmetics using a self-refinction, which is produced in one month, and made them available to the market, and it is difficult to disclose the business that sees the return and enormous profit, and if the business cost is leased, it is difficult to collect money from the victim.”

However, in fact, the defendant was unable to make transactions in his name because of the fact that he had developed high-class cosmetics at the time and had been engaged in the business that can be sold in the market within one month, and was in preparation for personal rehabilitation, so even if he borrowed money from the injured party, he did not have any intention or ability to repay it.

As such, the Defendant, by deceiving the victim as such, received from the victim, a total of KRW 50 million on March 19, 2014, KRW 10 million on May 19, 2014, KRW 15 million on September 1, 2014, KRW 15 million on October 24, 2014, KRW 3 million on December 13, 2014, and KRW 53 million on December 31, 2014, from the victim as the borrowed money, and acquired the money as the borrowed money.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to accusations, investigative reports (Submission of Additional Data by Complainants), investigative reports (verification of details of the use of borrowed money), and investigation reports (Attachment to the storage of response files with regard to financial transactions).

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Articles 25 (1), 31 (1) and 31 (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Orders;

1. The crime of this case on the grounds of sentencing under Article 31(3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. of the Declaration of Provisional Execution, is a total of 53 million won through six times as a loan, and the crime of this case is bad in its nature, and the defendant did not agree with the victim and did not endeavor to repay the damage.