The defendant is a person who operated D.

On October 14, 2009, the Defendant provided the victim F of the victim F in Geumcheon-gu Seoul Metropolitan Government with a payment guarantee certificate issued by H as security at a limited-liability G office operated by the victim F of the victim F in Geumcheon-gu, Seoul, that “If the Defendant lends KRW 150 million to the victim, he/she will operate the age club and repay it in five million won per month.”

However, the fact is that H is a company with no substance, and the defendant's right to dispose of real estate offered as security to H which issued a payment guarantee certificate was not entirely without the defendant, and the defendant merely issued a payment guarantee certificate by paying five million won to H and issued a payment guarantee certificate.

The Defendant, as above, by deceiving the victim as above, received KRW 70 million from the victim on October 14, 2009, KRW 23,000,000 on October 23, 2009, and KRW 115 million on November 5, 2009.

Summary of Evidence

1. A protocol of examination of part of the defendant by prosecution;

1. A witness F or I's legal statement;

1. Statement to the Prosecutor's Office;

1. Application of Acts and subordinate statutes governing a written agreement, payment guarantee, details of passbook transaction, and entire registered matters;

1. In light of the following circumstances acknowledged by the pertinent Article of the criminal facts, Article 347(1) of the Criminal Act, the grounds for conviction of the Defendant of the option of imprisonment with labor, and the evidence duly adopted and investigated by the court, it is reasonable to deem that the Defendant had the intent to acquire money from the victim because the payment guarantee provided by the Defendant was sufficiently recognizable that there was no real value as security.

The Defendant appears to have discussed that the Defendant would offer two parcels of land located in Y in Jeon-gun, Jeonnam-gun as collateral. The victim demanded a payment guarantee instead of the above land, and the Defendant provided a payment guarantee certificate in H’s name as collateral.

However, H's representative director is the H.