1. The Defendant was in excess of his/her obligation due to the payment of approximately KRW 200,000,000, and the Defendant had to pay his/her obligation with the money borrowed from the victim, so even if he/she borrowed money from the victim, the Defendant did not have the intent or ability to pay the money.

A. On December 2016, 2016, the Defendant stated that “I would complete payment immediately if I lend KRW 10 million to the victim B, because of the problem of children’s vehicle,” at a cafeteria in the long-term Dong of Daegu-gu, Seogu, Seo-gu.”

On December 15, 2016, the Defendant received KRW 10 million from the victim as the borrowed money from the national bank account in the name of the Defendant on or around December 15, 2016.

B. Around January 13, 2017, the Defendant made a false statement to the victim that “it is urgently required to pay KRW 2 million to the victim, and if it is lent, it shall be repaid immediately.”

The Defendant received 2 million won as the borrowed money from the victim on the same day as the one mentioned in paragraph (1) on the same day.

2. On January 1, 2017, the Defendant, at the restaurant as stated in the paragraph (a) of the above 1, concluded that “If the Defendant paid 300 million won to a company related to the company accompanying in the form of a deposit, he/she would give the victim the two-round interest paid each month, and would have the company registered as an executive of the company, and would have the victim receive the benefit of KRW 300,000 per month until the age of 70.” The Defendant borrowed money under the name of the deposit money.

However, even if the defendant receives the security deposit from the victim, the defendant was a plan to pay the victim's personal debt with the security deposit received from the victim, not only did not have the intention or ability to receive monthly benefit but also did not have the intention or ability to receive monthly benefit.

Around November 14, 2017, the Defendant received KRW 58 million as a deposit from a national bank account in the name of the Defendant from the victim, and the same is the same.