On December 12, 2014, the Defendant made a false statement to the victim D that “E would be able to newly construct a new construction on the “G Soviet” unit located in Gwangju-gu, Gwangju-gu, and begin construction from the following week, and will do so top, but if the funds are insufficient to lend only two million won, it will be repaid one month after the payment.”

However, there was no fund for the owner to pay the land price to the owner of the above land, so the progress of the above construction is not clear, and the defendant did not have any intent or ability to pay the money to the owner even if he borrowed money from the victim because there was no particular property or monthly income as a bad credit holder.

The Defendant received KRW 2 million on the same day from the injured party as the borrowed money, and acquired it through a total of 8 million won through a total of seven times from June 2015 as the borrowed money from the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect to a public prosecutor and the accused by the police (including substitute parts);

1. Statement protocol with respect to D by the police;

1. Application of Acts and subordinate statutes on complaint, promissory note, and loan certificates;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. It is so decided as per Disposition for the reasons under Articles 70(1) and 69(2) of the Criminal Act or above.