On January 24, 2013, the Defendant received 4.5 million won from the victim, stating that “The Defendant received the right to operate the permanent purification of the E Hospital funeral hall, the right to operate the permanent purification of the funeral hall in Busan, and the right to operate the permanent purification of the funeral hall in Busan,” and that “The Defendant would immediately pay 4.5 million won after receiving the delivery price by operating the fireworks room at the loan site.”

On the 25th day of the same month, the Defendant: (a) at the same place, at the same time, told the victim to “I will pay KRW 22 million including interest from February 28, 2013 to another person,” and received KRW 20 million from the victim, i.e., “I will pay KRW 20 million, including interest from KRW 30 million if I borrowed KRW 20 million.”

Around the 30th day of the same month, the Defendant called, “Around the 30th day of the same month, the Defendant received one sheet of KRW 10 million check from the customer, and received KRW 2.8 million from the victim, saying, “Around the loan of KRW 2.8 million, the Defendant would immediately pay KRW 4.5 million with the loan of KRW 2.8 million.”

However, in fact, the Defendant did not have been awarded a bid for the management right of the He Hospital, the store, and the permanent operation right of the Busan funeral hall. Since the personal debt occurred more than KRW 70 million, even if he borrowed money from the victim, the Defendant did not have the ability to repay the money. The Defendant did not intend to pay the money to the victim because he borrowed money from the victim and thought that he would use the money to repay his personal debt.

As above, the Defendant made a false statement to the victim and belonged thereto.