On March 14, 2011, the Defendant made a false statement that “a loan of KRW 100 million is to be made to the victim at the victim E house located in Gangnam-gu Seoul Metropolitan Government. Interest will be KRW 50,000 per annum per month. The Defendant would return at the end of one month if necessary.”

However, the Defendant did not have any intent or ability to repay the money to the victim even if he/she borrowed the money from the victim, even though he/she did not have any intent or ability to repay the money, in the circumstance that it is impossible to recover KRW 1 billion invested in the existing FF company, etc. without any special property, and only the interest exceeds KRW 15 million monthly income.

The defendant was issued KRW 100 million from the victim's seat.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on the loan certificate;

1. The reason for sentencing of Article 347(1) of the Criminal Act and Article 347(1) of the choice of punishment for the crime [the scope of recommending punishment] General Fraud (the age of the defendant is more than KRW 100 million, less than KRW 500 million) and the basic area (one to four years) of types 2 (the age of not less than KRW 100,00, and less than KRW 500): [the decision of sentencing] and reasonable circumstances: all of the crimes in this case are recognized, the victim's mistake is against himself, the victim's damage is being satisfied, the victim's damage has not been due to the same kind of criminal record, the damage amount is large: the damage amount was not agreed with the victim; the defendant was committed by using trust relationship with the victim; the defendant's age, character and behavior, and family environment, and other various circumstances shown in the records shall be determined