However, in fact, the Defendant did not have a certain income from E business depression at the time, and the lease deposit of E was excessive to KRW 85 million, and rather, the Defendant thought that his personal obligation with respect to financial rights, etc. was about KRW 170,000,000,000,000,000 as the above lease deposit, and thus, the Defendant did not have any intent or ability to repay the amount even if he borrowed it from the victim.

As above, the Defendant, by deceiving the victim, received KRW 15 million from the victim on February 8, 2012; KRW 5 million on March 19, 2012; KRW 10 million on April 10, 2012; KRW 30 million on April 19, 2012; KRW 25 million on April 23, 2012; KRW 17 million on May 14, 2012; and KRW 7 million on June 5, 2012.

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

2. Determination

A. As evidence as shown in the above facts charged, the witness C’s investigative agency and legal statement, a certificate of borrowing money, a written statement of payment, each content certification, a written confirmation of deposit without passbook, a civil judgment, a document of payment without passbook, a document of payment with Ethy, the details of the Defendant’s obligations, and credit assessment information

B. However, the Defendant began to borrow money to the victim with the truth that it is difficult for the victim to economic situation, and that he/she would sell and repay money to the victim after the sale of E on April 23, 2012. On June 12, 2012, the Defendant intended to repay money to the victim, such as that he/she would pay 40 million won at the proceeds of the sale after the sale of E, but the victim would be able to fully repay other debts, and he/she would be able to fully repay other debts. Since he/she could not repay obligations to the victim due to various circumstances, the victim would be able to fully repay other debts.