On October 5, 2015, the Defendant borrowed the amount of KRW 15 million to the victim as security in the Seo-gu Gwangju-gu Office Office around October 5, 2015.

It is necessary to receive KRW 10 million from another person, and if it grants 10 million won after the draft, it will receive the money from another person.

“.....”

However, at the time, the defendant did not have the ability to repay the money as the promise even if he borrowed the money from the damaged party due to the lack of economic circumstances, such as bearing the obligation to pay the money in advance for the entertainment shop.

Defendant 1, as described in the list of crimes below, obtained a total of KRW 40 million from the injured party on five occasions, including false statement to the injured party and received KRW 10 million from the corporate bank account in the name of the Defendant from the injured party through the corporate bank account in the name of the Defendant.

On October 5, 2015, the defendant borrowed money as security of the difference of 10 million won by deceiving the temporary amount of damage No. 1 of crime list No. 11000,000,000.

2. In order to succeed to a lease agreement for a passenger car operated on the face of a week in the amount of KRW 15 million on October 23, 2015.

3. On October 23, 2015, KRW 10 million, 200,000,000 Rawls (hereinafter referred to as "rawls") borrowed money as security, and the lending of money will be paid with the money.

4 November 22, 2015, 300,000 won is charged with the repayment of money borrowed from another person.

It shall be paid in full with a monthly payment from the loan of money.

5 November 23, 2015 2 million won

2. Determination

A. As to the KRW 10 million on October 5, 2015, the Defendant also borrowed KRW 10 million from the injured party on October 5, 2015, the fact that the Defendant borrowed KRW 10 million from the injured party on October 5, 2015 is acknowledged, the Defendant is deemed to have no intent and ability to repay the said KRW 10 million according to the commitment.

First of all, we examine whether the defendant and the injured person have determined the repayment period of the above loan.