A. On December 10, 2012, the Defendant, around December 10, 2012, issued a false statement to the victim C, stating, “If the Defendant was unable to receive money from the victim C that he had become aware of while working as an employee of the adult amusement room in the coffee shop near the river basin, he/she acquired KRW 10,000,000 from the victim and acquired KRW 50,000,000 per month’s monthly income from the Defendant’s Agricultural Cooperative account (Account Number D) in the name of the Defendant around 16:0 of the same month.”

B. On December 20, 2012, at around 18:00 on December 20, 2012, the Defendant made a false statement to the effect that, although the Defendant did not plan to lend money borrowed from the victim C to the persons gambling at the gambling place in the mutual disagreement shop in Seo-gu Gwangju-gu, Seo-gu, Gwangju, and did not have any intent or ability to repay, the Defendant received from the victim a sum of KRW 4 million around 24,00,00 and KRW 6 million in total from the victim’s account in the name of the Defendant (Account Number D).

2. Determination

A. The core evidence of the facts charged in relation to evidence is the victim's police statement, additional statement, and statement in the court.

B. First of all, the facts charged on the fraud of December 10, 2012 were examined. According to the evidence duly adopted and examined in this court, the Defendant did not have operated the actual entertainment room in Gwangju, and the Defendant asserted that he had lent KRW 10 million received from the victim to a person who runs Internet gambling instead of investing in the entertainment room, with the money for gambling, and that the Defendant used KRW 10 million in the entertainment room in a place other than the operation of the entertainment room is recognized.

1. However, the defendant recommended the victim to make an investment first.