1. On December 16, 2008, when the defendant lent 10 million won to the victim E from the factory office of the defendant in Seo-gu Incheon, Seo-gu, Incheon to pay 6 million won interest after the month.

However, the defendant did not have any intention or ability to repay even if he borrowed money from the victim because there was almost no sales of the above D, and the debt was 70 million won or more.

The Defendant received KRW 10 million from the victim to the account in the name of F in the Defendant’s wife on the same day.

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

2. On February 2009, the Defendant invested money in Hju located in Seo-gu Incheon, Seo-gu, Incheon, the Defendant said that the Defendant would make an investment in money to the victim by raising 5-6 employees from the above D to the extent of 300-40 million to 40 million won per month, thereby giving up 5 million won per month to the victim.

However, the above D, which the Defendant operated, was merely about 8.9 million won a net income per year in 2008, and the employee's wage was not properly known around February 2009. The Defendant thought that the Defendant used the money received from the victim to a place other than the above D, such as using the money for the seizure of real estate owned by the Defendant for the head of the Defendant, or using the money for the cost of living. Thus, even if the money was invested by the victim, the Defendant did not have any intent or ability to make profits every 5 million won a month by properly operating the said D.

The Defendant received KRW 10 million from the victim on February 18, 2009, and KRW 15 million from the cashier’s checks on March 2009, respectively. On March 16, 2009, the Defendant received KRW 25 million from the Defendant’s account in the name of F in the Defendant’s wife on March 16, 2009.

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

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the protocol of interrogation of the accused (the first time) and the protocol of interrogation of the accused.