The defendant was the representative director of D Co., Ltd.

On January 2012, the Defendant made a false statement to the victim E, “The Defendant is working to photograph the events, etc. held by the local government with the lower office from the Tbc Broadcasting Station, and the profits are good, and the Defendant borrowed money to invest in the above business and divide the profits of the company into the profits of the company.”

However, even if the defendant borrowed money from the injured party at the time of fact, he did not have the intention or ability to use it as business funds.

Nevertheless, the Defendant, as seen above, was granted KRW 2,30,000,000,000 to the victims, including KRW 12,000,000 on January 12, 2012, KRW 30,000 on August 9, 2012, and KRW 100,000 on August 20, 2012, by deceiving the victims and by deceiving them.

Summary of Evidence

1. Each legal statement of witness E and F;

1. Details of bankbooks;

1. Cash receipt and disbursement books;

1. According to the evidence above, the defendant received KRW 100 million from the injured party on January 12, 2012 and August 20, 2012, each of which was stated in the cash receipt book of the company D or consumed without depositing it in the above company’s account; and 30 million won from the injured party on August 9, 2012 received from the above company’s account on the day of withdrawal of 30 million won from the above company’s account on the day of cash receipt and disbursement, and all of which were processed by the representative on the cash receipt and disbursement book by all.

Since the defendant could recognize the fact that he did not intend to use the money as business funds even if he borrowed money from the damaged person, he did not intend to use it as business funds.

It is reasonable to see that statutes apply.

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

1. The defendant does not have the same criminal records as the defendant has reasons for sentencing selective imprisonment.

approximately KRW 130 million was returned to the victim, and there is an agreement.