On September 2009, the Defendant introduced a bond company to the victim, “The victim, who intends to newly build the father’s house, did not get a house because of the lack of funds for the establishment of the house,” and “the victim, who, as the construction cost, borrowed the house as security, sold the house well as the house in the face of the house in the construction cost, would collect money.”

However, even if the defendant borrowed bonds as construction cost, he was thought to use most of them as part of the construction cost, and he was thought to use them in his living expenses, repayment of debts, etc., and he did not have an intention or ability to restrain the father's house.

Nevertheless, on October 4, 2009, the Defendant: (a) by deceiving the victim as above; (b) borrowed 2.10 million won from the victim’s father’s house as collateral at the office of the bond business entity D located in Ydong, Seoul, by taking out the victim’s father’s house as collateral; (c) obtained 70 million won from the Defendant’s bank account and cash, and used 1,4410,000 won among them as construction expenses; and (d) acquired 5,590,000 won by taking out the remainder as part of his daily living expenses, repayment of debt, etc.; and (e) obtained or remitted the victim’s house under the same name from November 10, 2009, as described in the list of crimes in the attached Table.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C, E, and F;

1. Examination of the accused by the prosecution (two times);

1. Each police statement of C;

1. Application of Acts and subordinate statutes on details of passbook transactions;

1. On October 4, 2009, the Defendant, while recognizing the fact that he/she used 34 million won for personal purposes among the 70 million won received from the Defendant on October 4, 2009, he/she shall deny the criminal intent of defraudation by asserting that he/she used the remaining money as construction cost.

However, the witness C, E, and F's legal statement;