A. A. Around January 10, 2017, the Defendant made a false statement to the victim C that “The Defendant would pay money within a week if he/she lent KRW 15 million to the Defendant’s child-care center, which was parked in the front of the Bdong Office of Chang-si, Changwon-si.”

However, the defendant did not have any special property or income at the time, and even if he borrowed money from the victim due to the situation of 70 million won or less, he did not have any intention or ability to repay the money on the date of promise.

As above, the Defendant, by deceiving the victim, received from the victim, KRW 5 million on January 12, 2017, and KRW 10 million on or around the 19th day of the same month, from the Agricultural Cooperative (E) in the name of the Defendant, through the remittance of KRW 15 million from the victim as the borrowed money.

B. On February 3, 2017, the Defendant made a false statement to the victim’s residential location bus stops located in F of the window of Changwon-si, Changwon-si, that “If the principal owner of a child-care center lends KRW 30 million to demand the increase of the lease deposit, he/she will repay to the victim until May 30, 2017.”

However, in fact, even if the defendant borrowed money from the victim due to the situation like the above Paragraph 1, he did not have an intention or ability to repay it on the date of promise.

Around February 8, 2017, the Defendant, by deceiving the victim as above, received 30 million won from the victim to the Agricultural Cooperative Account in the name of G (H) in the name of the Defendant, as the loan money, from the victim and acquired it by deception.

2. In full view of the following circumstances, it is insufficient to readily conclude that the evidence submitted by the prosecutor alone, despite the lack of the Defendant’s intent and ability to repay, deceiving the victim to borrow money.

(1) When the defendant explains that it has financial difficulties due to seizure, etc. on January 2, 2017, he/she shall be the name of the payment of insurance premiums and operating expenses of child-care centers.