On September 2014, the Defendant loaned KRW 100 million to the victim’s representative director office located in G in G in Young-si, Young-si, Young-si on September 2014. C is performing construction works in the Gyeonggi-si, Incheon, Gyeonggi-si, and Gangwon-do, and repayment is made until December 5, 2014 upon receiving construction cost from the said site.

“A false statement” was made.

However, at the time, C applied for corporate rehabilitation to the court in excess of KRW 5 billion from the date of the aggravation of corporate operation funds due to the aggravation of corporate operation funds. Since personal debt exceeds KRW 500 million and there was no special property, C did not have any intent or ability to repay money until December 5, 2014, even if it borrows money from the injured party.

Nevertheless, on September 5, 2014, the Defendant was transferred KRW 100 million to the corporate bank account (H) account in the name of C on September 5, 2014 from the victim.

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

2. The above KRW 100 million asserted by the Defendant is not the Defendant’s loan from the victim E, but C borrowed from the Company Operation Fund from the F, and F and C settled the F and C’s construction cost including the above KRW 100 million.

There is no fact that the defendant acquired the above KRW 100 million.

3. Determination

A. The structure of the facts charged in the instant case is based on the premise that the Defendant borrowed KRW 100 million from the victim E as the lender and the borrower were the lender, and the Defendant did the act of deception as if the Defendant had sufficient means to repay the amount, even though there was no sufficient means to repay the amount to the victim C and the Defendant. The victim falls under the said deception by the Defendant