At around 17:00 on March 15, 2016, the Defendant promised that “The Defendant shall pay to the victim money borrowed from 18 million won or less, if the employee’s wages are confidential.”

However, even if the victim borrowed money, there was no intention or ability to repay it.

On March 16, 2016, the Defendant received KRW 18 million from the victim to the National BankF account in the name of the Defendant at around 09:06.

Accordingly, the defendant was given property by deceiving the victim.

2. Comprehensively taking account of the following circumstances, it is insufficient to determine that the facts charged in this case, which the prosecutor submitted, by itself, had been proven to the extent that there is no reasonable doubt that the defendant had deceiving the victim even though the defendant was unable

① On March 16, 2016, the Defendant explained the relevant circumstances and borrowed money to D when the wage of KRW 18 million to be paid to a caregiver in a C convalescent hospital in which he/she works as a director was insufficient.

The Defendant actually used the above KRW 18 million under the name of the above hospital’s wage, etc.

At the time, the Defendant appears not to have concealed the circumstance that the above hospital was unable to pay wages of KRW 18 million to D, and the circumstance that the Defendant falsely explained the repayment history or business status, etc. of the Defendant or the above C convalescent hospital in the course of borrowing funds is not confirmed.

② According to the financial statements of C convalescent, the sales amount for the year of January 2016 exceeded KRW 2.6575 million, and the operation of the hospital was normally conducted as of March 2016, which was the time of borrowing the said money, and also the sales amount of the hospital.