Even if the Defendant borrowed money from the victim K, the Defendant was unable to pay the amount equivalent to KRW 19 million due to the failure of the business at the time of the loan, and the Defendant did not have the ability to repay the amount because of considerable economic difficulties, such as the occurrence of approximately KRW 80 million, and there was no intent to repay the amount to the victim even if the Defendant delivered the product using the borrowed money from the victim as the business fund.

Nevertheless, the Defendant, at around June 18, 2010, borrowed KRW 2 million from “M company,” which is the workplace of the victim of L in Seo-gu, Incheon, to the effect that the Defendant borrowed KRW 2 million from “the amount to be paid to the victim in urgent need for money,” and then, he/she shall receive KRW 2 million from the victim to the Agricultural Bank (N) account in the name of Shinam H, and shall receive money from the victim, and he/she shall receive money from the victim at the place specified in paragraph (1) on February 25, 201, at the same time, to pay money in full.

It is possible to lend more than 5 million won and to pay the interest.

‘Falsely speaking, it received 5 million won from the victim to the No. O account in the name of pro-friendly O(P) and acquired it by fraud.

In this respect, the defendant deceivings the victim two times and defrauds the victim a total of seven million won.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement of K;

1. Application of Acts and subordinate statutes on evidential data;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The scope of recommendation types, general fraud types 1 (less than KRW 100,00) and the basic area (from June to one year and six months) (special person) of the same type; and

2. The defendant's age, character, character and environment that is contrary to the scope of sentence, and that there is no previous conviction in the same kind, and that is not agreed with the victim;