[Reference Facts] The Defendant is a person who was engaged in the wholesale and retail business of a household under the trade name of "D" in Daegu Jung-gu, and the victim E is a party to the customer who was supplied with the household from the Defendant.

On February 1, 2011, the Defendant presented to the victim as if he/she actually prepared a forged promissory note with F’s endorsement, and borrowed KRW 352 million from the victim. In this regard, on February 1, 2013, the Daegu District Court sentenced the victim to a suspended sentence of imprisonment for eight months due to the crime of forging securities, etc., and was sentenced to a fine of KRW 2 million from the same court on November 6, 2013.

[Criminal facts]

1. On March 8, 2014, in the Daegu District Court 2012 Gohap 8776 and 2012 Gohap 10748 (Counterclaim), the Defendant issued a judgment to the said court to the effect that the Defendant would pay the victim KRW 86 million up to August 31, 2013, and KRW 56 million up to December 31, 2013, and the victim applied for the seizure of KRW 28 million to the Daegu District Court 2013, 13972, on September 10, 2013. < Amended by Act No. 113972, Sep. 10, 2013>

On March 3, 2014, the Defendant: (a) at the Do retail office of “D” household operated by the Defendant in Daegu Jung-gu, Daegu-gu, the Defendant withdrawn the above deposit amount from the Plaintiff on May 31, 2014; and (b) fully repaid KRW 30 million to the Defendant until May 31, 2014.

“A false representation was made.”

However, in fact, the defendant did not have the intent or ability to pay KRW 30 million even if the victim releases the attachment because he/she was immediately in need of money.

On March 12, 2014, the Defendant, by deceiving the victim, had the victim receive the application for the rescission of seizure and collection of the claim and the waiver of the collection order from the Daegu District Court on March 12, 2014, and acquired the pecuniary profit equivalent to KRW 28 million from the victim.

2. On January 2015, 2015, the Defendant was guilty of fraud at the office of “D” as the first policeman on January 2015.