From July 2007, the Defendant borrowed 40 million won as interest of 5% per month in order to operate the said Schlage from around 2007 to around 10 million won. The Defendant was merely liable to subscribe to 15 million won of the credit payment of the said Schlage, and there was no special property. Since the sales of the said Schlage were reduced after the instant oil outflow case occurred on December 2007, the Defendant did not have any intent or ability to pay the amount, even if the accumulated debt was borrowed from others around 2030 million won due to the decrease in the sales of the said Schlage.

1. Fraud against victim D;

A. On April 11, 2011, the Defendant made a false statement to the victim that “I will receive high interest. I will lend KRW 60 million to the victim, and five (3 million per month) interest shall be given, and the principal shall be repaid without a framework after one year.”

However, facts are about 2-30 million won accumulated at that time, and since there was no other income except for the profit accrued from the above C-V, there was no intention or ability to repay the debt even if the victim borrowed money from the victim.

The Defendant, by deceiving the victim as such, received KRW 57 million from the victim to the agricultural bank account of the Defendant on the same day as the loan money.

B. On May 201, 201, the Defendant: (a) was transferred to the Defendant’s agricultural bank account in total of KRW 60 million on May 4, 2011, when the Defendant made a false statement to the Defendant, stating that “The sum of KRW 60,000,000 to be added to the calculation of tax base,” and that said false statement was transferred from the victim to the Defendant’s agricultural bank account.

2. Around June 29, 2011, the criminal defendant against the victim E made a false statement to the victim, stating, “I will lend KRW 35 million to the victim, and five (1.75 million per month) interest (1.75 million per month).”

However, facts are about 2-30 million won accumulated at that time, and since there was no other income except for the profit accrued from the above C-V, the victim's intent or ability to repay the debt even if he borrowed money from the victim.